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2019 Supreme(Ori) 663

IN THE HIGH COURT OF ORISSA AT CUTTACK
S.K.SAHOO
Ramachandra Sahoo – Appellant
Versus
State of Odisha – Respondent


Advocates Appeared:
For the Petitioner: Mr.A.Tripathy
For the Opposite Party :Mr. Prem Kumar Pattnaik Addl. Govt. Advocate

Table of Content
1. petitioner's request under section 482 cr.p.c. (Para 1)
2. arguments regarding delay and prosecution's stance. (Para 2 , 3)
3. historical delays and case processing details. (Para 4)
4. precedents concerning rights to a speedy trial. (Para 5 , 6)
5. quashing proceedings based on constitutional right to a speedy trial. (Para 7)

JUDGMENT :

The petitioner Rama Chandra Behera has filed this application under section 482 of the Cr.P.C. seeking to set aside the order dated 21.12.2017 passed by the learned Sessions Judge, Ganjam, Berhampur in Criminal Revision Petition No.11 of 2017 confirming the order dated 20.03.2017 passed by the learned S.D.J.M., Berhampur in 2(c) CC Case No.09 of 2013 wherein the learned Magistrate rejected the prayer of the petitioner to dismiss the proceeding as not maintainable and to award compensation in his favour.

3. Mr. Prem Kumar Pattnaik, learned Addl. Government Advocate for the State, on the other hand, contended that the delay cannot be a sole factor to quash the criminal proceeding in all the cases and the allegations against the petitioner are very serious in nature and he is facing prosecution under section 7 of the Essential Commodities

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