State Of Orissa vs Hemanta Kumar Sahoo ..... Opposite ...
2025 Latest Caselaw 3322 Ori

Orissa High Court

State Of Orissa vs Hemanta Kumar Sahoo ..... Opposite ... on 11 August, 2025

Author: Aditya Kumar Mohapatra

Bench: Aditya Kumar Mohapatra

                      IN THE HIGH COURT OF ORISSA AT CUTTACK

                                     CRLLP No.103 of 2003

                 State Of Orissa                     .....              Petitioner
                                                             Mr. S.C. Pradhan, ASC

                                             -versus-

                 Hemanta Kumar Sahoo                 .....         Opposite Party



                                     CORAM:
                       THE HON'BLE MR. JUSTICE ADITYA KUMAR
                                   MOHAPATRA

                                            ORDER

11.08.2025 Order No.

06. 1. This matter is taken up through Hybrid mode.

2. Heard learned counsel for the State-Petitioner. Perused the application.

3. The present application has been filed under Section 378(1) and (3) of Cr.P.C. seeking leave to challenge judgment dated 17.04.2003 passed in Criminal Appeal No.139 of 2000 by the learned Addl. Sessions Judge, Talcher.

4. On a close scrutiny of the judgment, it appears that the Opposite Party was initially convicted by the trial Court for commission of offence punishable under Section 294 of IPC vide judgment dated 26.08.2000 passed by the learned S.D.J.M., Talcher in G.R. Case No.120 of 1993. Thereafter, the Opposite Party as Appellant preferred an appeal before the learned Addl. Sessions

Judge, Talcher. In the aforesaid appeal, the learned Lower Appellate Court had set aside the judgment of the conviction vide judgment dated 17.04.2003. As against the aforesaid judgment, setting aside the judgment of the trial Court the State has preferred this appeal challenging the judgment of the learned Lower Appellate Court in acquitting the Petitioner by setting aside the judgment of the trial Court.

5. On a close scrutiny of the materials on record, it appears that the occurrence from which the criminal proceeding arises had taken place way back in the year 1993. Moreover, initially the Opposite Party who was convicted, his conviction has been set aside by the learned Lower Appellate Court. Upon going through the judgment of the learned Lower Appellate Court, this Court is of the view that there is no ground to grant leave to the State to prefer further appeal against the impugned judgment dated 17.04.2003.

6. Accordingly, the application stands dismissed.

                                                      ( Aditya Kumar Mohapatra )
                                                                 Judge

S.K. Rout





            Digitally Signed                                                  Page 2 of 2.

Location: High Court of Orissa, Cuttack Date: 12-Aug-2025 11:20:44