Sobha Nayak vs State Of Orissa & Ors. ..... Opp. Parties
2025 Latest Caselaw 10354 Ori

Orissa High Court

Sobha Nayak vs State Of Orissa & Ors. ..... Opp. Parties on 24 November, 2025

Author: Aditya Kumar Mohapatra

Bench: Aditya Kumar Mohapatra

                 IN THE HIGH COURT OF ORISSA AT CUTTACK
                             CRLLP No.57 of 2011
            Sobha Nayak                 .....        Petitioner
                                                           Represented By Adv. -
                                                           Pravash Ch. Jena

                                          -versus-
            State of Orissa & Ors.               .....              Opp. Parties
                                                           Represented By Adv. -
                                                           C.M. Singh, A.S.C.

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

                                         ORDER

24.11.2025 Order No.

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

2. On perusal of the record it appears that the present leave application was presented on 20.06.2011 at the instance of the complainant in 1.C.C No.68 of 2005. Being aggrieved by the judgment of acquittal dated 02.05.2011 passed by the learned SDJM, Khurda thereby acquitting the accused-private Opposite Parties of the charges under Section 448, 427, 379, 506 and 34 of IPC.

3. On perusal of the impugned judgment it appears that complainant is a victim in this case as has been defined in Section 2(wa) of the Cr.P.C. Therefore, in view of the amendment to Section 372 of the Cr.P.C and further in terms of the proviso to the said section, a right has been conferred upon the victim to prefer an appeal directly to the court to which an appeal would have lied in

the case of conviction of the accused persons.

4. In the aforesaid context, this court referred to the judgment of the Hon'ble Supreme Court in Celestium Financial vs. A. Gnanasekaran Etc. reported in (2025) SCC Online SC 1320. In view of the aforesaid position, the present application is being disposed of by granting liberty to the Petitioner to file an appeal before the appellate court directly along with an application for condonation of delay. In such eventuality, the learned trial court shall consider the application for condonation of the delay liberally by taking into consideration the fact that the leave application was pending before this Court for consideration from 20.06.2011 till today

5. With the aforesaid observations/ directions, the CRLLP stands disposed of.

( A.K. Mohapatra) Judge

Anil

Designation: Junior Stenographer

Location: High Court of Orissa Date: 25-Nov-2025 18:44:43