State Of Orissa vs Sikhari Mohapatra And Others
2023 Latest Caselaw 7047 Ori

                       IN THE HIGH COURT OF ORISSA AT CUTTACK

                                     CRLLP No. 45 of 2006

            State of Orissa                               ....         Petitioner
                                                Mr. Gajendra Nath Rout
                                             Additional Standing Counsel
                                     -versus-
            Sikhari Mohapatra and others           .... Opposite Parties


                         CORAM:
                         THE CHIEF JUSTICE
                         JUSTICE G. SATAPATHY

                                         ORDER

Order No. 21.06.2023 Misc. Case No.25 of 2007 & CRLLP No.45 of 2006

07. 1. At the outset, it requires to be noted that there are four Opposite Parties in respect of whom the Office report is that Opposite Party Nos.1 and 2 have already expired. Therefore, the present petition stands abated as far as they are concerned.

2. It also requires to be mentioned here that there is an inordinate delay of 191 days in preferring the present criminal leave petition against the judgment dated 6th July, 2005 passed by the District & Sessions Judge, Dhenkanal in S.T. Case No.30-D/1998, corresponding to G.R. Case No.240 of 1996 acquitting the Opposite Parties of the offences under Sections 148/302/149 of IPC.

3. The explanation offered for the condonation of extraordinary delay of 191 days is wholly unconvincing and not satisfactory in light of the judgment of the Supreme Court of India in Office of the Chief Post Master General v. Living Media India Ltd. (2012) 3

SCC 563 and State of Madhya Pradesh v. Bherulal (2020) 10 SCC

4. Accordingly, the delay is not condoned. Misc. Case No.25 of 2007 is dismissed. Consequently, the criminal leave petition is dismissed.

(Dr. S. Muralidhar) Chief Justice

(G. Satapathy) Judge S. Behera

Signature Not Verified Digitally Signed

Designation: Jr. Stenographer Reason: Authentication Location: High Court of Orissa, Cuttack Date: 22-Jun-2023 11:44:28