BIJAYA KUMAR BISHI Vs. STATE OF ODISHA

JUDGEMENT

(1.) This Criminal Revision has been filed challenging the order dtd. 17/11/2007 taking cognizance of offence punishable under Sec. 323 of IPC against the petitioner as well as the entire proceeding in connection with I.C.C. No. 11 of 2007 in the court of the learned S.D.J.M., Dharamgarh.

(2.) On 28/1/2008, further proceeding in I.C.C. No. 11 of 2007 had been stayed by this Court and the interim order had been extended till 14/8/2008. Thereafter the matter had been adjourned on various dates and the interim order had been extended. On 12/7/2019 when the matter was listed, the same was adjourned but the interim order had not been extended. Thereafter the matter was listed on 5/3/2024. As five years had elapsed since the last date of listing, a report was called for from the learned S.D.J.M., Dharamgarh regarding the present status of the I.C.C. No. 11 of 2007 and the matter had been adjourned to 12/3/2024. On 12/3/2024 as the report had not been received, the case was adjourned to 15/3/2024 (today) awaiting the said report.

(3.) Report dtd. 11/3/2024 has been received from the learned Civil Judge (J.D.)-cum-JMFC, Jaipatna wherein it has been stated that on 17/2/2010, the learned counsel had intimated the court of the learned S.D.J.M., Dharamgarh regarding stay order passed in I.C.C. No. 11 of 2007 by the Hon'ble High Court in Criminal Revision No. 352 of 2008 but no order was produced by the accused for which the case was pending awaiting intimation from the court. On 18/9/2010, the case record was transferred to the court of the learned J.M.F.C., Jaipatna. Thereafter on 10/1/2011, notice was issued to the complainant to appear before the Court and the case was posted awaiting S.R. and appearance. On 5/4/2021 as the complainant was absent and no steps were taken by the counsel on behalf of the complainant in spite of repeated calls, the complaint case has been dismissed for non-appearance of the complainant.