CRLLP/65/2019
2021 Latest Caselaw 3419 Ori

                                   CRLLP No.65 of 2019




                             I.A. No.50 of 2019 and CRLLP No.65 of 2019

04.   09.03.2021               Both the matters are taken up by Hybrid mode.
                               Heard Mr. G.N. Rout, learned counsel for the State
                   and Mr. Trilochan Nanda, learned counsel for the sole opposite
                   party.
                               This is an application under Section 5 of the
                   Limitation Act filed by the State of Odisha for condonation of delay
                   of 1825 days in preferring the application for leave to appeal
                   against the acquittal. The      contents of the application for
                   condonation of delay reveal at paragraph-3 that the Government in
                   Panchayati Raj and Drinking Water Department moved the Law
                   Department seeking opinion in the matter. It may be noted that
                   the judgment of acquittal i.e. the judgment allowing the appeal by
                   the learned Addl. Sessions Judge, Padampur was passed on
                   26.04.2014. The Law Department, vide letter no.3030 dated
                   15.03.2019 accorded sanction for filing of appeal against the order
                   of acquittal. The said sanction order was received by the appellant
                   on 19.03.2019. However, there is no explanation in the petition
                   why the five years time were taken by the Law Department of the
                   State of Odisha and the Office of the Advocate General for leave to
                   appeal against the acquittal.
                               Relying upon the reported case of Estate Officer,
                   Haryana Urban Development Authority and another v. Gopi
                   Chand Atreja, AIR 2019 SC 1423 and the orders passed by the
                   Hon'ble Supreme Court in Special Leave Petition (Civil) Diary
                   No(s).25743 of 2020 in the case of State of Uttar Pradesh &
                   others v. Sabha Narain and others, we are inclined to hold that
                   there is absolutely no reasons for condoning the delay in preferring
                   the leave application for appeal against the acquittal.
                             2




                  Hence, the I.A. is dismissed being devoid of merit.
      Consequently, the CRLLP is also dismissed.
                  Urgent certified copy of this order be granted on
      proper application.


                                                    .........................
                                                     S.K. Mishra, J.

......................... Savitri Ratho, J.

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