Disposed

Alok Chandra Nayak v. State of Odisha

Orissa HC11 Sept 2024CRLMA/299/2023

Case brief

AI extract

What is this about?

A quashing petition seeking to quash an FIR and criminal proceeding arising from Nimapara P.S. Case No.10/2021 was earlier dismissed for non-prosecution when counsel failed to appear. On recall application, the court recalled the dismissal order and restored the petition to its original file.

What did the court decide?

Order dated 27.06.2023 in CRLMC No.188 of 2022 recalled; the CRLMC restored to its original file; CRLMA allowed.

Alok Chandra Nayak Vs State of Odisha — Quashing and FIR | Orissa HC (2024)

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IN THE HIGH COURT OF ORISSA AT CUTTACK CRLMA No.299 of 2023

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Alok Chandra Nayak …. Petitioner

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Mr. Utkal Keshari Nayak, Advocate on behalf of Mr. Balaram Nayak, Advocate

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-versus-

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State of Odisha & another …. Opposite Parties

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Mr. Arnav Behera, ASC (for O.P.1)

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CORAM:

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HON’BLE MR. JUSTICE MURAHARI SRI RAMAN

Order No.

03.

ORDER 11.09.2024

This matter is taken up through Hybrid Mode.

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In view of the kind Minutes of the Hon’ble the Chief Justice at Flag-K, this matter is listed today.

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As it appears, this Court vide order dated 27.06.2023 dismissed the CRLMC No.188 of 2022 for non-prosecution with the following order:-

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“ 1. The present petition has been filed by the Petitioner with the following prayer:-

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“Therefore the petitioner prays that Your Lordships may graciously be pleased to consider the facts stated in the petitioner, admit the same, call for the case record and after hearing the parties, quash the F.I.R. as well as criminal proceeding initiated against the petitioners pursuant to Nimapara P.S. Case No.-10/2021 corresponding to G.R. Case No.37/2021 pending in the court of the J.M.F.C. Nimapara. xxx”

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2. None appears for the Petitioner.

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3. The present petition is dismissed for nonprosecution. A copy of this order be communicated to the concerned trial Court forthwith.”

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Page 1 of 3

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Mr. Utkal Keshari Nayak, learned counsel on behalf of Mr. Balaram Nayak, learned counsel appearing for the petitioner pointed out that on the date when the CRLMC was called for hearing, the conducting counsel could not appear due to oversight. He has drawn notice of this Court to the order dated 14.02.2023 passed in CRLMC No.188 of 2022, which reads as thus:-

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“ 1. Heard Mr. Nayak, learned Senior Advocate appearing for the petitioner, Mr. Mishra, learned counsel for the State-opposite party No.1 and Mr. Dalai, learned counsel for opposite party No.2.

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2. Prayer in the present case is for quashing of the F.I.R. and the entire criminal proceeding corresponding to G.R. Case No.37 of 2021 arising out of Nimapara P.S. Case No.10 of 2021 pending in the file of learned JMFC, Nimapara on the grounds stated therein.

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3. Copy of the F.I.R. is at Annexure-1.

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4. Mr. Nayak, learned Senior Advocate for the petitioner submits that the investigation is still on and no offence under Section 376 IPC is prima facie made out against the petitioner who had been in a consensual relationship with the victim, namely, opposite party No.2.

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5. In course of hearing, Mr. Nayak, learned Senior Advocate further submits that for a final hearing and disposal the CRLMC, he needs to collect the relevant papers and chargesheet and to respond back on the next date and with such submission, prays for an adjournment.

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6. Mr. Mishra, learned counsel for the State-opposite party No.1 is also directed to cause production of the case diary and the preliminary chargesheet which is said to have been submitted in the meantime against one Ratnakar Nayak, who happens to be father of the petitioner.

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7. List on 2^nd March, 2023

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I.A. No.169 of 2022

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1. Considering the above submission of Mr. Nayak, learned Senior Advocate for petitioner, this Court as an interim measure directs that there shall be no coercive action against the petitioner in connection with G.R. Case No.37 of 2021 arising out of Nimapara P.S. Case No.10 of

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Page 2 of 3

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2021 pending in the file of learned JMFC, Nimapara till the next date.

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2. List on the date fixed.

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3. A certified copy of this order be issued as per rules.”

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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. Arnav Behera, learned Additional Standing Counsel appearing for the State opposed the aforesaid submission of the learned counsel for the petitioner.

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Considering the averments made in the CRLMA and the submission made on behalf of the petitioner that necessary papers were allowed to be produced before this Court by order dated 14.02.2023 passed in the CRLMC, the order dated 27.06.2023 passed by this Court in CRLMC No.188 of 2022 is recalled and the CRLMC No.188 of 2022 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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MRS

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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: 11-Sep-2024 19:31:38

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Page 3 of 3

Alok Chandra Nayak v. State of Odisha

Case brief

What is this about?

What did the court decide?

Alok Chandra Nayak v. State of Odisha

Case brief

What is this about?

What did the court decide?

What the court decided

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