Bibachha Baitharu vs Lokanath Saraf & Ors. ..... Opp. Parties
2025 Latest Caselaw 11590 Ori

Orissa High Court

Bibachha Baitharu vs Lokanath Saraf & Ors. ..... Opp. Parties on 22 December, 2025

Author: Aditya Kumar Mohapatra

Bench: Aditya Kumar Mohapatra

                 IN THE HIGH COURT OF ORISSA AT CUTTACK

                                 CRLLP No.57 of 2013

            Bibachha Baitharu                       .....               Petitioner
                                                            Represented by Adv. -

                                         -versus-

            Lokanath Saraf & Ors.                   .....            Opp. Parties
                                                            Represented by Adv. -

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

                                         ORDER

22.12.2025

Order No.

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

2. None appears for the parties when the matter was taken up.

3. On perusal of the order sheet it appears that the present leave application has been filed at the instance of the informant on 15.04.2013 under Section 378(4) of the Cr.P.C seeking leave to prefer an appeal against the judgment of acquittal dated 28.08.2012 passed in G.R Case No.167 of 2007 (T.R No.186/2010) which was clubbed with the record of 1.C.C No.30 of 2008.

4. On perusal of the impugned judgment dated 28.08.2012, it appears that the Opposite Party faced trial for commission of an offence under Sections 341, 323/34 of IPC. As per the F.I.R story, the accused persons in furtherance of their common intention

voluntarily obstructed the way of the informant and assaulted him without any provocation. As per the F.I.R story, the informant is the brother-in-law of the accused persons. On perusal of the facts narrated in the judgment, it appears that the informant is the injured in this case. Thus, this Court has no hesitation in coming to a conclusion that the informant-petitioner is a victim, who had sustained some injuries as per the prosecution case.

5. Taking into consideration the factual background of the present case, this Court is of the view that the Petitioner-informant can very well be termed as a victim as has been defined under Section 2(wa) of the Cr.P.C. Moreover, the informant-petitioner being aggrieved by the judgment of acquittal has approached this Court under Section 378(4) of the Cr.P.C seeking leave to prefer an appeal. At the outset, this Court would like to clarify that the provision under which the present application has been filed, is not applicable to the case of the Petitioner as the present case arises out of a G.R Case which emanates from a P.S Case. So far the present Petitioner is concerned, he is an informant, thus, the Petitioner should have preferred an appeal under the proviso to Section 372 of the Cr.P.C. In view of the aforesaid clear legal provision, this Court is of the view that the Stamp Reporter has rightly pointed out that the present leave application under Section 378(4) of the Cr.P.C is not maintainable and hence the present application is to be converted into an appeal. In view of the aforesaid Stamp Report, the present application is being disposed of by granting liberty to the Petitioner to prefer an appeal under the proviso to Section 372 of the Cr.P.C along with an application for condonation of delay, if any. In such eventuality, the learned trial court shall consider the

delay taking into consideration the grounds which are likely to be taken by the Petitioner and consider such delay sympathetically.

6. Accordingly, the CRLLP stands disposed of.

( Aditya Kumar Mohapatra) Judge Anil

Designation: Junior Stenographer

Location: High Court of Orissa Date: 23-Dec-2025 17:03:46