Khuntala Khamari And Another vs State Of Odisha .... Opposite Party
2025 Latest Caselaw 6056 Ori

Orissa High Court

Khuntala Khamari And Another vs State Of Odisha .... Opposite Party on 19 June, 2025

Author: R.K. Pattanaik

Bench: R.K. Pattanaik

                 IN THE HIGH COURT OF ORISSA AT CUTTACK
                                 CRLREV No.257 of 2025
            Khuntala Khamari and another            ....            Petitioners

                                                       Mr. J. Sahu, Advocate
                                        -Versus-
            State of Odisha                         ....       Opposite party

                                                         Mr. S.K. Swain, AGA

                      CORAM:
                      MR. JUSTICE R.K. PATTANAIK
                                       ORDER

19.06.2025 I.A. No.386 of 2025 Order No.

01. 1. Heard learned counsel for the petitioner.

2. Instant petition is filed by the petitioner under Section 5 of the Limitation Act seeking for condonation of delay.

3. A delay of 1170 days is reported as per SR.

4. Mr. Sahu, learned counsel for the petitioner submits that in the interest of justice, the delay should be condoned. Mr. Swain, learned AGA for the State objects to the delay being condoned on the ground that there is no reasonable explanation offered by the petitioner. As earlier stated, the delay is of 1170 days. In fact, petitioner No.1 has been sentenced with fine only and petitioner No.2 was released under Section 3 of the Probation of Offenders Act. Since an order of conviction stares at the petitioners but there has been delay which is about 3years 1 month and 20 days in filling the revision, this Court, considering the submission of Mr. Sahu, learned counsel for the

petitioner and objection from the side of State, is inclined to condone the same accepting the explanation offered towards it.

5. Accordingly, it is ordered.

6. I.A. stands allowed with the delay being condoned

(R.K. Pattanaik) Judge

1. Heard Mr. Sahu, learned counsel for the petitioner.

2. Instant revision petition is filed challenging the impugned judgment in Criminal Appeal No.11/15 of 2015-17 confirming the decision of the court of learned Special Judicial Magistrate, Balangir in G.R. Case No.165 of 2010 on the grounds stated therein.

3. Considering the plea of the petitioner and the grounds challenging the impugned judgment i.e. Annexure-2, the Court is inclined to have the response of the State.

4. Notice.

5. Mr. Swain, learned AGA for the State accepts notice and to respond on the next date.

6. Call for the LCR.

7. List on 24th July, 2025 for final hearing and orders.

Designation: Junior Stenographer
                                                                               (R.K. Pattanaik)
Reason: Authentication
Location: OHC, CTC                                                                 Judge
Date: 20-Jun-2025 11:44:48          Rojina