Allowed¶31

Santosh Kumar Panda v. State of Odisha

Orissa HC12 Sept 2024CRLMA/227/2023

Case brief

AI extract

What is this about?

Restoration of criminal miscellaneous case dismissed for non-prosecution; recall of dismissal order dated 21.06.2023; CRLMC No.1632 of 2018 restored to file; CRLMA No.227 of 2023; Santosh Kumar Panda v. State of Odisha; non-appearance due to oversight of cause list; service of notice on absent opposite party through police (IIC, Dharmasala P.S.) on his wife held sufficient; F.I.R. No.189 of 2012 dated 09.06.2012; High Court of Orissa at Cuttack; decision dated 12.09.2024; M.S. Raman, J.

What did the court decide?

Recall of the order dated 21.06.2023 dismissing CRLMC No.1632 of 2018 for non-prosecution, with restoration of CRLMC No.1632 of 2018 to its original file for hearing on merit. ¶31

Santosh Kumar Panda Vs State of Odisha — Orissa HC (2024) — LawSathi Research

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IN THE HIGH COURT OF ORISSA AT CUTTACK CRLMA No.227 of 2023

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Santosh Kumar Panda & others …. Petitioners

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Mr. Ranjan Kumar Nayak, Advocate

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-versus-

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State of Odisha & another …. Opposite Parties

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Mr. Sailaza Nandan Das, ASC (for O.P.1)

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CORAM:

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HON’BLE MR. JUSTICE MURAHARI SRI RAMAN

Order No.

ORDER

12.09.2024

This matter is taken up through Hybrid Mode.

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As it appears, this Court vide order dated 21.06.2023 dismissed the CRLMC No.1632 of 2018 for non-prosecution with the following order:-

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“ 1. None appears for the Petitioners.

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2. The CRLMC is dismissed for non-prosecution. The interim order passed earlier stands vacated. A copy of this order be communicated to the concerned trial Court forthwith.”

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Vide order dated 09.08.2024, this Court at paragraph-4 has

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observed as follows:-

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“4. Mr. S.N. Das, learned Additional Standing Counsel waives issue of notice on behalf of the opposite party no.1State, one extra copy of the petition be served on learned Additional Standing Counsel. Another copy of the petition be also supplied to him for transmitting the same to the IIC, Dharmasala P.S. (now Kuakhia P.S.) in the district of Jajpur in connection with F.I.R. No.189 of 2012 dated 09.06.2012, so as to enable the IIC to serve copy of CRLMA on opposite party no.2-Nilamani Panda aged

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about 65 years, son of Late Chandramani Panda, VillageBamadevpur, P.S.-Kuakhia, P/o-Barabati, Dist-Jajpur.”

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Pursuant to the order of this Court, the I.I.C., Dharmasala Police Station has served notice on Smt. Rangalata Panda, who happens to be the wife of Nilamani Panda arraigned as opposite party no.2 in the present CRLMA. A memo enclosing the written instruction received from the I.I.C., Dharmasala Police Station with regard to service of notice on opposite party no.2 filed in Court by the learned Additional Standing Counsel is taken on record.

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In view of the aforesaid memo filed by the learned Additional Standing Counsel, notice issued to opposite party no.2 is treated as sufficient.

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None appears for opposite party no.2 in spite of service of notice on him, at the time of call.

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Mr. R.K. Nayak, learned counsel appearing for the petitioners submitted that due to overlook the cause list, he could not appear on 21.06.2023 when the CRLMC No.1632 of 2018 was called for hearing and, as such, his non-appearance is not intentional and deliberate. He further submitted that if the CRLMC is not restored to its original file for hearing on merit, serious prejudice will be caused to the petitioner.

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Mr. S.N. Das, learned Additional Standing Counsel appearing for the State opposed the aforesaid submission of the learned counsel for the petitioners.

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Considering the averments made in the CRLMA and the submission made on behalf of the parties, the order dated 21.06.2023 passed by this Court in CRLMC No.1632 of 2018 is

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MRS

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recalled and the CRLMC No.1632 of 2018 is restored to its original file.

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Accordingly, the CRLMA is disposed of being allowed.

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(M.S. Raman) Judge

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Signature Not Verified

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Digitally Signed Signed by: MANORANJAN SAMAL Designation: PERSONAL ASSISTANT Reason: Authentication Location: Orissa High Court, Cuttack Date: 12-Sep-2024 18:58:09

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Santosh Kumar Panda v. State of Odisha

Case brief

What is this about?

What did the court decide?

Santosh Kumar Panda v. State of Odisha

Case brief

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