Orissa High Court
State Of Orissa vs Bipra Charan Bastia And ..... Opposite ... on 11 August, 2025
Author: Aditya Kumar Mohapatra
Bench: Aditya Kumar Mohapatra
IN THE HIGH COURT OF ORISSA AT CUTTACK
CRLLP No.43 of 2003
State Of Orissa ..... Petitioner
Mr. S.C. Pradhan, ASC
-versus-
Bipra Charan Bastia and ..... Opposite Parties
others
CORAM:
THE HON'BLE MR. JUSTICE ADITYA KUMAR
MOHAPATRA
ORDER
11.08.2025
Order No.
11. 1. This matter is taken up through Hybrid mode.
2. Heard learned counsel for the State-Petitioner. Perused the
application as well as judgment dated 16th November, 2002 passed
in Criminal Appeal No.11 of 2001 by the learned Addl. Sessions
Judge, Jagatsinghpur.
3. The present application has been filed under Section 378(3) of
Cr.P.C. with a prayer for grant of leave to prefer an appeal against
the judgment dated 16th November, 2002 at the instance of the State-
Petitioner. The judgment dated 16th November, 2002 has been
passed by the learned Addl. Sessions Judge, Jagatsinghpur in
Criminal Appeal No.11 of 2001, whereby the appeal was allowed
and the judgment passed by the learned S.D.J.M., Jagatsinghpur in
G.R. Case No.455 of 1992 bearing Trial No.917 of 1992 has been
set aside.
4. Learned counsel for the Petitioner at the outset contended that
initially the learned trial Court had convicted the Opposite Parties
for commission of a crime punishable under Section 498-A read
with Section 34 of IPC and Section 4 of the D.P. Act. and the
accused persons have been sentenced to undergo rigorous
imprisonment for six months and to pay a fine of Rs.500/-. The
aforesaid judgment of the learned trial Court has been set aside by
the learned Appellate Court vide judgment dated 16th November,
2002 in Criminal Appeal No.11 of 2001. Being aggrieved by the
order passed by the Lower Appellate Court in the above noted
Criminal Appeal No.11 of 2001, the State has preferred this
application seeking leave to challenge the judgment passed by the
Lower Appellate Court.
5. On a perusal of the record, it appears that the occurrence out
of which in the present criminal proceeding has arisen is based on an
FIR which was registered in the year 1992. In the meantime several
decades have passed. The application seeking leave, which was filed
in the year 2003, was never placed by the State. In the aforesaid
factual backdrop, this Court is of the view that granting leave at this
juncture would cause an injustice to the Opposite Parties, who must
have settled in the society by now. It would also been not be in the
interest of justice to grant leave to proceed against the person for
commission of a crime which had taken place more than three
decades ago.
6. In such view of the matter, the application stands dismissed.
( Aditya Kumar Mohapatra )
Judge
S.K. Rout
Location: High Court of Orissa, Cuttack
Date: 12-Aug-2025 11:20:44 Page 2 of 2.
