State Of Orissa vs ) Kalia @ Jeydev Dip ..... Opposite ...
2025 Latest Caselaw 10935 Ori

Orissa High Court

State Of Orissa vs ) Kalia @ Jeydev Dip ..... Opposite ... on 2 December, 2025

Author: Aditya Kumar Mohapatra

Bench: Aditya Kumar Mohapatra

                     IN THE HIGH COURT OF ORISSA AT CUTTACK
                                 CRLLP No.72 of 2008
            State of Orissa                   .....       Petitioner
                                                                 Represented By Adv. -
                                                                 Mr. U.R. Jena, AGA

                                              -versus-
            1) Kalia @ Jeydev Dip                        .....       Opposite Parties
            2) Manbhulu Seth

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

                                             ORDER

02.12.2025 Order No.

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

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

3. The present application has been filed by the State-Petitioner under Section 378(1) & (3) of the Cr.P.C. seeking leave to prefer an appeal against the judgment of acquittal dated 17.03.2008 passed by the learned Additional Sessions Judge (F.T.C.), Bargarh in Criminal Trial No.156/9 of 2006-2007 thereby acquitting the Opposite Parties of the charges under Section 395/397 of the I.P.C.

4. On perusal of the record, it appears that there exists a delay of 37 days in presentation of the leave application. Although notice has been issued to the Opposite Parties and the same has

been validly served and the notice has been treated to be sufficient, none appears for the Opposite Parties.

5. In view of the aforesaid position, the delay of 37 days in presentation of the appeal is condoned subject to the State- Petitioner paying cost of Rs.300/- (Rupees three hundred) to the Orissa High Court Advocates' Welfare Fund.

6. List this matter in the week commencing 5th January, 2026 for admission.

7. In the meantime, office shall send the file to the Secretary, Orissa High Court Legal Services Committee for appointment of a lawyer having experience in criminal branch to conduct this case on behalf of the Accused-Opposite Parties.

8. In the event any such legal aid counsel is appointed, office shall provide a copy of the paper book to such counsel.

( A.K. Mohapatra) Judge Debasis