[Cites 4, Cited by 0]
Orissa High Court
State Of Orissa vs R.Adi Achariyalu ..... Opp. Party on 11 December, 2025
Author: Aditya Kumar Mohapatra
Bench: Aditya Kumar Mohapatra
IN THE HIGH COURT OF ORISSA AT CUTTACK
CRLLP No.37 of 2012
State of Orissa ..... Petitioner
Represented By Adv. -
Sangram Das, Standing
Counsel for the
Vigilance Department
-versus-
R.Adi Achariyalu ..... Opp. Party
Represented By Adv. -
CORAM:
THE HON'BLE MR. JUSTICE ADITYA KUMAR
MOHAPATRA
ORDER
11.12.2025
Order No.
05. 1. This matter is taken up through Hybrid Arrangement (Virtual
/Physical Mode).
2. Heard Shri Sangram Das, learned Standing counsel for the
Vigilance Department-Petitioner. Perused the application as well as
the prayer made therein.
3. By filing the present application under Section 378 (1) & (3)
of the Cr.P.C with a prayer for grant of leave to prefer an appeal
against judgment dated 10.08.2011 passed by the learned Special
Judge, Vigilance, Jeypore in G.R Case No.24 of 1992(V) which
corresponds to T.R No.69 of 2007 for commission of an offence
punishable under Sections 13(1)(e)/ 13(2) of the Prevention of
Corruption Act, 1988.
4. On perusal of the record, it appears that the abovenoted case
arises out of a vigilance FIR wherein it has been alleged that the
Opposite Party was found to be possessing assets which are
disproportionate to his known sources of income to the tune of
Rs.9,40,640/- (Rupees nine lakh forty thousand six hundred forty at
the time while he was working as a public servant in the
Agriculture department under Government of Odisha from
18.02.1961 to 04.01.1992. On the basis of the aforesaid allegation,
the Petitioner faced the trial. The learned trial court by virtue of a
detailed judgment dated 10.08.2011 has failed to establish the case
of the prosecution beyond all reasonable doubt and, accordingly,
held that the accused is not guilty of the offences as alleged against
the present Petitioners. Being aggrieved by the aforesaid judgment
of acquittal, the Petitioner has approached this Court by filing the
present leave application under Section 378 of the Cr.P.C mainly
on the grounds taken in the petition at Sl. Nos.4, 6 & 7.
5. On a perusal and careful examination of the grounds No.4, 6
& 7 and on a close scrutiny of the impugned judgment, this Court
is of the view that the learned trial court has taken into
consideration the entire evidence and by virtue of a detailed
judgment has come to the conclusion. As such, this Court finds no
infirmity with the judgment of the learned trial court.
6. On further verification of the record it appears that present
appeal was presented with a delay of 128 days. Although notices
were issued, however, there is no confirmation with regard to the
service of the notice on the accused. It further appears that the case
is pending since 2012. In view of the aforesaid position, this Court
is not inclined to interfere with the impugned judgment on merits
as well as on the ground of limitation.
7. Accordingly, the leave application stands dismissed.
( A.K. Mohapatra)
Judge
Anil
Designation: Junior Stenographer
Location: High Court of Orissa
Date: 12-Dec-2025 18:58:16
