High CourtsSingle Bench(2004) 04 OHC CK 0016

Chaturbhuja Behera vs State of Orissa

Orissa High Court · Decided on 30 April 2004 · Citation: (2004) 97 CLT 633 : (2005) 30 OCR 594

HON’BLE JUDGES
A.S. Naidu, J
CASE NUMBER
CRLMC No. 382 of 2004

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Judgment

5 paragraphs · 226 words

A.S. Naidu, J.—Heard.

2.

The Petitioner is a peon. He is in the fag end of his service career. On the basis of an FIR lodged alleging theft of a Transistor Radio from the office, G.R. Case No. 300 of 1975 was initiated. The said case is pending in the Court of learned S.D.J.M., Bhubaneswar for all these years. According to Mr. J. Patnaik, learned Senior Counsel appearing for the accused-petitioner, pendency of the said case is causing prejudice. In fact of the prosecution has not taken appropriate steps for getting the process served fill date though the accused in a Government employee. This fact itself indicates that the prosecution is not interested in the aforesaid litigation. According to Mr. Patnaik continuance of the said G. R: Case which is bound to end of acquittal after lapse of 29 years, would amount to abuse of the process of law.

3.

Considering the aforesaid facts and circumstances and the submissions advanced by Mr. Patnaik and after hearing the learned Addl. Govt. Advocate, I feel after lapse of 29 years, there is nothing more left to be decided in the-aforesaid G.R. Case. Accordingly, I direct to quash the G.R. Case No. 300 of 1975 pending before learned S.D.J.M., Bhubaneswar in the interest of justice.

4.

CRLMC is disposed of.

5.

Urgent certified copy be granted, on proper application.