Authority: High Court of Odisha at Cuttack
Order Date: 01-Jul-2026
Case Overview
- Parties: Petitioner Suryakanta Behera (owner of Megha Builder) vs. State of Odisha & Anr.
- Underlying Criminal Matter: C.T. Case No. 829 of 2018 arising out of Mancheswar Police Station Case No. 98 of 2018.
- Incident Alleged: On 21‑02‑2018, complainant Pravanjan Das alleged that Suryakanta Behera and associates broke the boundary wall of Plot No‑2188 (Khata No‑2090, 1.130 dec) at Gadakana Mouza and assaulted him and his wife with obscene language, threats of death, and a pistol.
- FIR & Charges: FIR registered on 21‑02‑2018; cognizance taken on 31‑01‑2022 for offences under IPC Sections 294, 506 and 427. Charge‑frame under the same sections.
- Procedural History:
- Bail granted to petitioner on 08‑10‑2024.
- Case transferred to Khurda CJM (Memo No. 28 dated 21‑11‑2022) and then to the Court of the learned JMFC (LR & LTV), Khurda.
- Listed for hearing on 10‑12‑2024, 16‑01‑2025, 20‑02‑2025, 02‑04‑2025, 24‑04‑2025, and 29‑05‑2025; no prosecution witness appeared.
- On 30‑07‑2025 new counsel appeared; on 02‑08‑2025 an advance petition for NOC for passport renewal was filed and allowed.
- Subsequent dates show the matter repeatedly posted, but still no prosecution witness examined; the case remains pending since 2018.
- Petitioner's Grounds: Claim of abuse of process due to delay, lack of material evidence, and alleged ulterior motive of complainant.
Final Outcome
- The Court, after hearing counsel, declined to grant the prayer for quashing the criminal proceeding.
- The petition is rejected and the CRLMC is disposed of, leaving the criminal case to continue before the JMFC (LR), Bhubaneswar.
Topics: Legal, Criminal Procedure