[Cites 2, Cited by 0]
Orissa High Court
State Of Orissa vs Pratap Sahu ..... Opp. Party on 22 December, 2025
Author: Aditya Kumar Mohapatra
Bench: Aditya Kumar Mohapatra
IN THE HIGH COURT OF ORISSA AT CUTTACK
CRLLP No.48 of 2013
State of Orissa ..... Petitioner
Represented by Adv. -
U.R. Jena, A.G.A.
-versus-
Pratap Sahu ..... Opp. Party
Represented by Adv. -
M/s. Bidyadhara
Pattanaik
CORAM:
THE HON'BLE MR. JUSTICE ADITYA KUMAR
MOHAPATRA
ORDER
22.12.2025
Order No.
05. Misc. Case No.40 of 2013
1. This matter is taken up through Hybrid Arrangement (Virtual
/Physical Mode).
2. Heard learned counsel for the State-Petitioner as well as
learned counsel for the accused-Opposite Party.
3. The abovenoted application has been filed with a prayer for
condonation of delay and filing this leave application by 357 days.
4. Learned counsel for the Petitioner at the outset, referring to
the Misc. Case filed for condonation of delay, stated before this
court that admittedly there was some delay in preferring this
petition seeking leave to prefer an appeal against the judgment of
acquittal dated 13.01.2012 passed by the learned Additional District
and Sessions Judge, FTC, Athagarh in S.T Case No.390 of 2010
which arises out of Baramba P.S Case No.37 of 2010. The
abovenoted Baramba P.S Case was registered at the instance of the
informant alleging commission of an offence punishable under
Section 498-A/302 of IPC. The Opposite Party-accused, who faced
the trial, has been acquitted, hence the present leave application at
the instance of the State.
5. Learned counsel for the State further contended that the delay
in presentation of the leave application is neither deliberate nor
intentional. He further submitted that after obtaining a copy of the
judgment of the acquittal, the same was sent for filing of the appeal.
Initially, the proposal was sent to the office of the Director, Public
Prosecutions, Odisha (D.P.P, Odisha) seeking his views. After
obtaining the views of D.P.P, Odisha, the final proposal was sent to
the office of the Advocate General, Odisha. After obtaining the
views of the Advocate General, Odisha, the file was sent to the
concerned Additional Standing Counsel for preparation and
presentation of the appeal with the sanction of the Law Department,
Government of Odisha which was obtained vide letter dated
24.08.2012. Finally, the appeal was presented on 03.04.2013. The
affidavit further reveals that the concerned officer, who was
supposed to swear the affidavit, could not come due to some law
and order problem in the locality. Hence, there is a delay of 355
days. On such ground, learned counsel for the State contended that
taking into consideration the gravity and seriousness of the issue,
the delay, if any, be condoned.
6. Learned counsel for the accused-Opposite Party on the other
hand objected to the condonation of delay on the ground that the
same has not been properly explained in the application for
condonation of delay. He further submitted that there exists a delay
about one year. Learned counsel for the Opposite Party further
contended that the law and order problem is not a ground on which
the delay can be condoned. He further submitted that taking into
consideration the inherent delay which remains unexplained, the
present application for condonation of delay does not deserve any
sympathetic consideration and, hence, the same should be
dismissed.
7. Having regard to the submissions made by learned counsels
appearing for both sides, on a careful examination of the grounds
taken in the limitation application, though this Court is not fully
satisfied. However, keeping in view the fact that the Petitioner has
been acquitted of an offence punishable under Section 498-A/302
of IPC and its impact on the society, this Court is inclined to
condone the delay subject to the State-Petitioner paying a cost of
Rs.1500/- (Rupees One Thousand Five Hundred) to the Advocates'
Welfare Fund of Orissa High Court Bar Association. Let the cost be
paid within a period of four weeks.
8. Accordingly, the Misc. Case stands allowed.
9. List this matter in the week commencing 02.02.2026.
( Aditya Kumar Mohapatra)
Judge
Anil
Designation: Junior Stenographer
Location: High Court of Orissa
Date: 23-Dec-2025 17:03:46
