State Of Orissa vs Kailash Bag ..... Opp. Party
2025 Latest Caselaw 11085 Ori

Orissa High Court

State Of Orissa vs Kailash Bag ..... Opp. Party on 11 December, 2025

Author: Aditya Kumar Mohapatra

Bench: Aditya Kumar Mohapatra

                  IN THE HIGH COURT OF ORISSA AT CUTTACK
                              CRLLP No.43 of 2012
            State of Orissa              .....        Petitioner
                                                          Represented By Adv. -
                                                          Mr.Sangram Das,
                                                          Standing Counsel for the
                                                          Vigilance Department

                                         -versus-
            Kailash Bag                         .....                 Opp. Party
                                                          Represented By Adv. -

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

11.12.2025 Order No.

04. 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 the Petitioner seeks leave to prefer an appeal against the judgment of acquittal dated 28.08.2010 passed by the learned Special Judge, Vigilance, Bolangir in C.T.R No.43/102 of 2006-07 which arises out of Vigilance P.S Case No.5 of 2006. The abovenoted case was registered on the allegation of commission of an offence punishable under Sections 13(1)(d)/ 13(2)/ 7 of the Prevention of Corruption Act, 1988.

4. On perusal of the record it appears that as per the prosecution allegation the Opposite Party-accused while working

as a public servant as Economic Investigator had demanded a bribe of Rs.1000/- (Rupees one thousand) from the complainant to process the subsidy file of the complainant. On the basis of the aforesaid allegation, the Opposite Party faced the trial by virtue of a detailed judgment, the learned trial court has acquitted the Opposite Party after taking into consideration the evidence led from both sides. Learned counsel for the Petitioner at the outset contended that being aggrieved by the judgment of acquittal, the Petitioner seeks to prefer an appeal on the grounds as has been indicated in the petition at ground Nos.3 to 8.

5. Perused the grounds taken in the petition at ground Nos.3 to

8. On a careful consideration of such grounds, this Court found that the same has been dealt with by the learned trial court in its detailed judgment. Moreover, this Court found no infirmity in 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 467 days. 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 judgment of the learned trial court. Therefore, the prayer for grant of leave to prefer an appeal is declined on merits as well as on the ground of delay.

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