Bijaya Kumar Rout vs State Of Odisha And Others
2023 Latest Caselaw 964 Ori

                   IN THE HIGH COURT OF ORISSA AT CUTTACK

                                  F.A.O. No.373 of 2022

                 Bijaya Kumar Rout              ....       Appellant/Petitioner

                                                     Mr. D. Mohapatra,
                                                     Advocate

                                           -versus-
                 State of Odisha and others    .... Respondents/Opp.Parties
                                                  Mr. S. Das, A.G.A.

                          CORAM:

                                     JUSTICE SASHIKANTA MISHRA
                                           ORDER

     Order No.                            30.1.2023.
                                      I.A. No.598 of 2022

1. 1. This matter is taken up through hybrid mode.

2. This application has been filed for condonation of delay. Office has pointed out delay of 931 days. It is submitted by Mr. D. Mohapatra, learned counsel for the Petitioner- Appellant that the impugned judgment was passed on 20th January, 2020 and as such the appeal should have been filed by 19th March, 2020. But because of Covid-19 pandemic situation and subsequent issuance of directives by the Apex Court as well as this Court, the limitation was extended till July, 2021. The Petitioner-Appellant could not prefer appeal even after expiry of 60 days from July, 2021 as he had suffered an

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accident by falling from the bike and had sustained several bodily injuries including on the head. In support of such contention, certain medical documents have been enclosed to the I.A. It is further submitted that Petitioner-Appellant was also suffering from diabetic neuropathy leading to eye problem and because of all such reasons he could not contact his lawyer in time to prefer the appeal.

3. Mr. S.Das, learned Addl. Government Advocate has opposed the prayer for condonation of delay on the ground that the reasons cited by the Petitioner-Appellant are not acceptable.

4. Considering the submissions as above and the grounds on which the prayer for condonation of delay is sought for, this Court is willing to take a lenient view in the matter. The delay in filing the FAO is hereby condoned.

5. The I.A. is accordingly disposed of.

                                                     (Sashikanta Mishra)
     AKB                                                    Judge



                                   F.A.O. No.373 of 2022

2. List this matter on 6th February, 2023 for admission.

                                                     (Sashikanta Mishra)
     AKB                                                    Judge



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