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SASHIKANTA MISHRA
Binod Bihari Sethy – Appellant
Versus
State of Odisha – Respondent


Counsel for the Parties:
For the Petitioner:M/s. Anirudha Das, A. Das, S.C. Mishra, A. Das and A. Sahoo, Advocates
For the Opp. Party: Mr. P.K. Maharaj, Addl. Standing Counsel

ORDER

Sashikanta Mishra, J.—An FIR was lodged against the present petitioner on 24.10.2006 by the then Tahasildar, Chhendipada before the Officer-in-Charge, Chhendipada Police Station leading to registration of P.S. Case No. 132 dated 24.10.2006 for the alleged commission of offence under Sections 447/379/188/294/535/506 of IPC. The said P.S. Case corresponds to C.T. Case No. 1962 of 2006, which is presently pending in the Court of learned J.M.F.C., Chhendipada. Final Report was submitted in the case after more than 15 years. The inaction of the investigating agency complied with inordinate delay is cited as a ground by the petitioner for quashment of the FIR and the consequential criminal proceedings in the present application filed under Section 482 Cr.P.C.

2. A reading of the FIR reveals that the petitioner had allegedly encroached upon three government plots measuring an area of Hc.1.8660 in village Kosala, for which Encroachment Case No. 46 of 2005 was instituted against him. Pursuant to show cause issued, he appeared before the Court (Tahasildar) on 06.07.2005 and admitted the fact of encroachment. Subsequently, the Tahasildar, Chhendipada issued prohibitory orders against

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