State Of Orissa vs Sudam Chandra Sethi ..... Opposite ...
2025 Latest Caselaw 5572 Ori

Orissa High Court

State Of Orissa vs Sudam Chandra Sethi ..... Opposite ... on 18 August, 2025

Author: Aditya Kumar Mohapatra

Bench: Aditya Kumar Mohapatra

                       IN THE HIGH COURT OF ORISSA AT CUTTACK

                                      CRLLP No.55 of 2006

                 State Of Orissa                   .....                    Petitioner
                                                              Mr. Sangram Das, Standing
                                                                   Counsel for Vigilance

                                              -versus-

                 Sudam Chandra Sethi                  .....            Opposite Party
                                                                                  None


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

                                             ORDER

18.08.2025 Order No.

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

2. Heard Mr. S. Das, learned Standing Counsel for Vigilance Department. None appears for the Opposite Party despite valid service of notice. Perused the application as well as prayer made therein.

3. By filing the present application under Section 378(1) & (3) of Cr.P.C., the State-Petitioner seeking leave to prefer an appeal against a judgment of acquittal dated 15.12.2005 passed by the learned Special Judge (Vigilance), Berhampur, Ganjam in T.R. Case No.179 of 1998, corresponding to Berhampur Vigilance G.R. Case No.3 of 1988 which arising Berhampur Vigilance P.S. Case No.3 dated 07.01.1998.

4. On perusal of the impugned judgment, it appears that the age of the Opposite Party was 69 years on 15.12.2005 when the judgment was delivered. Today (18.08.2025) the matter is taken up to consider grant of leave.

5. Learned counsel for the State does not have any information with regard to the fact as to whether the Opposite Party is still alive or not.

6. Taking into consideration the facts in the present case and on a careful analysis of the impugned judgment dated 15.12.2005, further keeping in view the age of the private Opposite Party and the fact that the leave petition is pending from more than two decades, this Court is not inclined to entertain the application at this belated stage.

7. Accordingly, the leave application stands dismissed.

                                                      ( Aditya Kumar Mohapatra )
                                                                 Judge

S.K. Rout





            Digitally Signed                                                 Page 2 of 2.

Location: High Court of Orissa, Cuttack Date: 19-Aug-2025 17:45:05