State Of Odisha vs Kartik Chandra Chand ..... Opposite ...
2025 Latest Caselaw 11395 Ori

Orissa High Court

State Of Odisha vs Kartik Chandra Chand ..... Opposite ... on 16 December, 2025

Author: Aditya Kumar Mohapatra

Bench: Aditya Kumar Mohapatra

                  IN THE HIGH COURT OF ORISSA AT CUTTACK
                              CRLLP No.42 of 2017
            State Of Odisha           .....           Petitioner
                                                            Represented by Adv. -
                                                            M/s.sangram
                                                            Das,st.counsel,vig.

                                           -versus-
            Kartik Chandra Chand                   .....               Opposite Party
                                                                Represented by Adv. -

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

                                          ORDER

16.12.2025 Order No.

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

2. Heard Mr. S.Das, learned Standing Counsel for the Vigilance Department. Perused the application.

3. By filing the present application under Section 378(1)(3) of the Code of Criminal Procedure, the Petitioner Vigilance Department has sought for leave of this Court to prefer an appeal against the judgment of acquittal dated 28.12.2016 passed by the learned Special Judge (Vigilance), Balasore in T.R. No.100 of 2007 which arises out of Balasore Vigilance P.S. Case No.7 of 2002 for alleged commission of an offence punishable under Section 7/ 13(1)

(d)(ii) and Section 13(2) of the Prevention of Corruption Act.

4. Learned counsel for the Petitioner at this juncture contended that the Petitioner-prosecuting agency has good grounds to prefer an appeal against the judgment of the acquittal.

5. Considering the aforesaid submissions, this Court is inclined

to issue notice to the Opposite Party-accused.

6. On the prayer of learned Standing Counsel for the Vigilance Department, he is permitted to serve a copy of the leave application on the counsel who is representing the accused in a writ application which is pending before a coordinate bench of this Court. In the event learned counsel representing the accused in the writ application accepts notice, then notice by post shall stand waived. In the event he refuses to accept the copy of the leave application within two days from today, learned counsel for the Petitioner shall file necessary requisites for issuance of notice by speed post with A.D. to the sole Opposite Party and the Office shall issue a notice fixing a short returnable date.

7. List this matter in the week commencing 27th January, 2026.

( A.K. Mohapatra ) Judge

Rubi