State Of Orissa vs Rai Rama Rao ..... Opposite Party
2025 Latest Caselaw 7208 Ori

Orissa High Court

State Of Orissa vs Rai Rama Rao ..... Opposite Party on 26 August, 2025

Author: Aditya Kumar Mohapatra

Bench: Aditya Kumar Mohapatra

                    IN THE HIGH COURT OF ORISSA AT CUTTACK
                               CRLLP No.107 of 2004

            State of Orissa                       .....                    Petitioner
                                                              Represented By Adv. -
                                                              Mr. U.C. Jena, ASC

                                           -versus-
            Rai Rama Rao                              .....          Opposite Party

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

                                         ORDER

26.08.2025 Order No.

03. 1. This matter is taken up through Hybrid Arrangement (Virtual /Physical Mode).

2. Heard the learned counsel for the State-Petitioner. Perused the application as well as the prayer made therein.

3. The present application has been filed under Section 378(1) & (3) of the Code of Criminal Procedure seeking leave to file an appeal against the judgment of acquittal dated 11.08.2004 passed by the learned Chief Judicial Magistrate-cum-Assistant Sessions Judge, Paralakhemundi in S.C. Case No.3 of 2004, arising out of G.R. Case No.116 of 2003, corresponding to Parlakhemundi P.S. Case No.52 dated 13.05.2023, which was registered for alleged commission of offences punishable under Sections 498(A)/307/324 of I.P.C.

4. Learned trial court vide judgment dated 11.08.2004 found the accused-Opposite Party not guilty of offences punishable

under Sections 498-A/307/324 of I.P.C. and, accordingly, the accused-Opposite Party was acquitted under Section 235(1) of Cr.P.C. Being aggrieved by such judgment of acquittal, the State has preferred this application seeking leave to file a criminal appeal under Section 378(1) & (3) of the Code of Criminal Procedure. Although the present application was presented on 11.11.2004 and subsequently notice was issued vide order dated 15.01.2007. it appears that the notice has not been validly served on the Opposite Party. Thereafter, no step was taken for issuance of notice although two decades have elapsed in the meantime.

5. In view of the aforesaid position, this Court is of the view that issuing notice to the accused-Opposite Party, who has been acquitted of the charges in the year 2004, would be an injustice to the accused-Opposite Party.

6. Taking into consideration the gravity of the allegation as well as the judgment of the learned trial court, further keeping in view the fact that more than two decades have elapsed in the meantime, this Court is not inclined to entertain this Criminal Leave Petition.

7. Accordingly, the CRLLP stands dismissed.

( A.K. Mohapatra ) Judge Signature Debasis Not Verified Digitally Signed Signed by: DEBASIS AECH Reason: Authentication Location: ORISSA HIGH COURT Date: 26-Aug-2025 17:58:08