Laxmi Charan Tandi vs State Of Odisha
2022 Latest Caselaw 2208 Ori

                 IN THE HIGH COURT OF ORISSA AT CUTTACK

                                 CRLREV No.11 of 2022

            Laxmi Charan Tandi                          ....             Petitioner
                                                         Mr. M.K. Panda, Advocate

                                                  -versus-
            State of Odisha                          ....             Respondents
                                                   Mr. M.K. Mohanty, ASC for State


                      CORAM:
                      JUSTICE A.K.MOHAPATRA

                                          ORDER

12.04.2022 Order No. I.A. No.20 of 2022

05. 1. This matter is taken up through Hybrid Arrangement (Virtual/Physical Mode).

2. Heard learned counsel for the Petitioner as well as learned counsel for the State.

3. This is an application for condonation of delay of 7539 days in filing the criminal revision petition.

4. Learned counsel for the Petitioner submits that Petitioner is a poor labour and he was not aware of the judgment passed by the learned trial court in the alleged offences. He was convicted. Thereafter, he preferred an appeal, vide Criminal Appeal No.55/23 of 95 of 2000, passed by the leaned Addl. District and Sessions Judge, Nuapada. It is further submitted that since Petitioner is an illiterate and is a daily wage labouer, he could not contact his lawyer and know the exact date of hearing and disposal of the case. It is further submitted that at present Petitioner was taken into custody by

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the police in connection with the pendency of criminal case on 09.11.2021. After being arrested, he came to know about the dismissal of appeal in his absence. Accordingly, the present criminal petition has been filed along with the I.A. for condonation of delay.

5. Learned counsel for the State on the other hand has filed an objection to the application for condonation of delay. Learned State Counsel submits that there is delay of 20 years in filing the criminal revision petition, therefore, no leniency should be shown to the petitioner for condoning the delay in filing the petition.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case and the fact that Petitioner is a daily wage labourer and an illiterate person, who do not know about the development of the criminal appeal and there is nothing on record to show the dismissal of appeal, this Court feels it appropriate to condone the delay in filing the criminal revision petition subject to payment of cost of Rs.2,000/- (Rupees Two thousand only), which shall be deposited in the High Court Bar Association Welfare Fund, receipt of which shall be filed within three working days.

7. I.A. stands allowed.

CRLREV No.11 of 2022

8. List this matter after payment of cost in the next week under the heading 'For Admission'.

(A.K. Mohapatra) Judge U.K.Sahoo