CRLLP/86/2009
2021 Latest Caselaw 4448 Ori

                                  CRLLP No. 86 of 2009




                                       Misc. Case No. 60 of 2003
07.   31.03.2021                This application has been filed by the State to
                   condone the delay of 298 days in filing the petition for leave
                   to appeal.
                                Heard.
                                After hearing learned Addl. Standing Counsel
                   and considering the averments made in the petition, delay in
                   filing the petition for leave to appeal is condoned.
                                Misc. Case is disposed of.

                                                              ..................
                                                               S.Panda,J.

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S.K.Panigrahi, J

CRLLP No. 86 of 2009

08. 31.03.2021 This is an appeal to leave under Section 378(1) ks and (3) of the Code of Criminal Procedure, 1973.

The respondents were accused in S.C. Case No. 26 of 2006 in the court of learned 2nd Addl. Sessions Judge, Berhampur. They were charged under Sections 341/323/302/34 of the I.P.C. The Trial Court convicted the respondent No.1 and acquitted the respondent Nos. 2 to 4 of the charge by judgment dated 20.10.2008.

Perused the entire evidence. On consideration of the same and also the reasoning assigned by the learned Trial Court, this Court is of the opinion that rightly the court below has passed the order of acquittal as there is no other materials which is available on record and same has not

been considered by the trial Court while passing the judgment. Accordingly, if leave will be granted, it will be a futile exercise and abuse of process of Court. As such we find no reason to grant leave.

The CRLLP is accordingly dismissed.

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S.Panda,J.

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S.K.Panigrahi, J