LAWS(ORI)-2021-12-17

SURENDRA NATH MISHRA Vs. STATE OF ODISHA

Decided On December 03, 2021
SURENDRA NATH MISHRA Appellant
V/S
STATE OF ODISHA Respondents

JUDGEMENT

(1.) Instant application under Sec. 482 Cr.P.C. is filed by the petitioner to quash the proceeding in G.R. Case No.567 of 1991 pending in the court of learned S.D.J.M., Bhubaneswar on the grounds, inter alia, that it is necessary for the ends of justice, inasmuch as, two other accused persons have been extended similar relief vide CRLMC Nos.1741 of 2010 and 2754 of 2018.

(2.) Heard learned counsel for the petitioner, learned counsel for the State and OP No.2.

(3.) As revealed from the record, the petitioner and other accused persons were charge sheeted for offences punishable under Sec. (s) 409/420/167/218 and 120-B IPC in G.R. Case No.567 of 1991 and during its pendency, one among them, namely, Rama Chandra Behera filed CRLMC No.1741 of 2010 which was disposed of by this Court by judgment dtd. 5/12/2016, whereby, the proceeding as against him, was quashed. A copy of judgment in CRLMC No.1741 of 2010 is enclosed as Annexure-1. It is contended that the criminal action was initiated in the year 1990 and in the meantime, 28 years have elapsed and such delay in disposal is not attributable to the petitioner, rather, it occasioned due to lackadaisical attitude of the investigating agency, which filed charge sheet with considerable delay and there has been further delay in supply of police papers.