Orissa High Court

M/S.Graphite India vs Surat Jal & Others on 7 May, 2025

Author: S.K. Sahoo

Bench: S.K. Sahoo

          IN THE HIGH COURT OF ORISSA AT CUTTACK

                          CRLA No.52 of 2023

        M/s.Graphite India
        Ltd., Bolangir                     .....       Appellant
                                        Mr.Avijit Patnaik, Advocate
                                         -versus-
        Surat Jal & others                  .....   Respondents
                                        Mr.Niranjan Lenka,
                                        Advocate for Respondents 1
                                        to 11

                                        Mr. Sarat Pradhan, ASC
                                        for Respondent no. 12

                              CORAM:
               THE HON'BLE MR. JUSTICE S.K. SAHOO
          THE HON'BLE MR. JUSTICE SIBO SANKAR MISHRA
                              ORDER

Order No. 07.05.2025

07. This matter is taken up through Hybrid arrangement (video conferencing/physical mode).

This CRLA has been filed under section 372 of Cr.P.C. by M/s.Graphite India Limited, Powmex Steels Division, represented through its Asst. General Manager, HR & Administration Sri Saroj Kumar Nayak challenging the impugned judgment and order dated 12.05.2022 passed by the learned Sessions Judge, Sambalpur in S.T. Case No. 29 of 2020 in acquitting the respondent nos.1 to 11 of all the charges.

Section 372 Cr.P.C. reads as follows :

"372. No appeal to lie unless otherwise provided- No appeal shall lie from any judgment or order of a Criminal Court except as provided for by this Court or

by any other law for the time being in force:

Provided that the victim shall have a right to prefer an appeal against any order passed by the Court acquitting the accused or convicting for a lesser offence or imposing inadequate compensation, and such appeal shall lie to the Court to which an appeal ordinarily lies against the order of conviction of such Court. The definition of 'victim' has been enumerated in section 2(wa) of Cr.P.C., which is as follows :

'victim' means a person who has suffered any loss or injury caused by reason of the act or omission for which the accused person has been charged and the expression 'victim' includes his or her guardian or legal heir.' In this case, the informant is one Ashok Kumar Roul, who has been examined as P.W.19.