Orissa High Court
Laxmi Gouda vs State Of Orissa on 4 August, 2025
Author: S.K. Sahoo
Bench: S.K. Sahoo
IN THE HIGH COURT OF ORISSA AT CUTTACK
CRLA No. 186 of 2025
Laxmi Gouda ..... Appellant
Mr. Soubhagya Ketan Nayak,
Advocate
-versus-
State of Orissa ..... Respondent
Mr.Partha Sarathi Nayak, AGA
CORAM:
THE HON'BLE MR. JUSTICE S.K. SAHOO
THE HON'BLE MR. JUSTICE S.S. MISHRA
Order No. ORDER
04.08.2025
04. This matter is taken up through Hybrid arrangement (video
conferencing/physical mode).
As per order dated 05.05.2025, learned counsel for the State
has obtained instruction received from In-charge DSP, Digapahandi
police station to the effect that opinion of the Public Prosecutor,
Ganjam, Berhampur has been sent to the Director, Public
Prosecution, Odisha, Bhubaneswar for preferring an appeal, but the
opinion is awaited. We are told that the post of Director, Public
Prosecution, Odisha, Bhubaneswar is lying vacant since 01.07.2025.
Learned counsel for the State shall apprise this Court
regarding further development made in the meantime and also
regarding filling up of the post of Director, Public Prosecution,
Odisha, Bhubaneswar by the next date.
Heard Mr. Soubhagya Ketan Nayak, learned counsel for the
appellant and Mr. Partha Sarathi Nayak, Addl. Government Advocate
for the State.
Perused the impugned judgment.
It appears that the appellant Laxmi Gouda, who was the
victim being the widow of the deceased Kuresu Gouda, has
challenged the impugned judgment and order dated 11.12.2024
passed by the learned 1st Addl. Sessions Judge, Berhampur, Ganjam
in S.T. Case No. 56 of 2018 in acquitting the respondent nos.2 to 7
of the charges under sections 147, 148, 294, 324, 307, 302, 506/149
of the Indian Penal Code.
Learned counsel for the appellant submits that in view of the
eye witnesses account of P.W.20 Uali Gouda so also P.W.21
Mahendra Pradhan and the corroborative evidence adduced by the
doctor (P.W.19), who conducted post mortem examination over the
dead body of the deceased and the threatening given by the accused
persons, which is deposed to by P.W.22, Laxmi Gouda, the widow of
the deceased Kuresu Gouda, the learned trial Court should not
passed the impugned order of acquittal.
Heard.
Admit.
Call for the trial Court records.
Issue notice to the respondents.
Learned counsel for the State accepts notice for respondent
no.1.
So far as respondent nos.2 to 7 are concerned, requisites for
issuance of notice with proof of delivery shall be filed within a week.
The notice shall be made returnable within four weeks.
Issue warrant of arrest against respondent nos.2 to 7 as per
section 390 of Cr.P.C. (Section 431 of BNSS) indicating therein that
on their appearance before the learned trial Court, they shall be
enlarged on bail.
List this matter in the week commencing from 15th September
2025.
( S.K. Sahoo)
Judge
PKSahoo
Signed by: PRAMOD KUMAR SAHOO (S.S. Mishra)
Reason: Authentication
Location: HIGH COURT OF ORISSA Judge
Date: 05-Aug-2025 12:58:37
