This CRLMC petition seeking to drop criminal proceedings due to the death of the original complainant was disposed of by directing the petitioner to approach the trial Court, which was instructed to decide the matter on merits within fifteen days.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF ORISSA AT CUTTACK
CRLMC No.3023 of 2023
Gitanjali Behera …. Petitioner
Mr. P.C. Jena, Advocate
-versus-
State of Odisha
…. Opp. Party
Mr. B.K. Ragada, AGA
CORAM:
JUSTICE SIBO SANKAR MISHRA
Order No.
ORDER
29.08.2024
1. Heard leaned counsel for the petitioner and learned counsel for the State.
2. In this petition, the petitioner has prayed for dropping the entire criminal proceeding in I.C.C. Case No.3 of 2018 pending the Court of learned District & Sessions Judge, Nayagarh.
3. One Jayanti Mallik had filed the complaint case, i.e., I.C.C. Case No.3 of 2018 against the present petitioner. After cognizance of offence was taken in the said complaint case, the complainant, namely, Jayanti Mallik stated to have died. Thereafter, a report was sought for from the concerned Police Station regarding the death of the complainant. The report also confirms the same. The report was placed on record, which states that the complainant, Jayanti Mallik, died since
two years back. None of the family members being the L.Rs. of the complainant came forward to pursue the complaint case. Hence, learned counsel for the deceased complainant moved a memo for withdrawing the compliant case. On the basis of the memo, again a report was sought for and the complaint case is still pending.
4. I am of the considered view that by appraising these developments, the petitioner should move an application before the learned trial Court. If such an application is moved, the learned trial Court should dispose of the same on its own merits by taking into consideration the development that has unfolded in the meantime. The application shall be disposed of within fifteen days from the date of filing of the same.
5. With this observation, the CRLMC is disposed of.
(S.S. Mishra)
Judge
amit
Signature Not Verified
Digitally Signed Signed by: AMIT KUMAR MOHANTY Reason: Authentication Location: HIGH COURT OF ORISSA, CU TTACK Date: 02-Sep-2024 11:12:07
1 issue framed by the court
Whether the criminal proceedings should be dropped in light of the death of the complainant and withdrawal of the complaint.
Gitanjali Behera
State of Odisha
SIBO SANKAR MISHRA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
