Dharanidhar Swain vs Pabitra M. Swain ..... Opp. Party
2025 Latest Caselaw 9329 Ori

Orissa High Court

Dharanidhar Swain vs Pabitra M. Swain ..... Opp. Party on 23 October, 2025

Author: Aditya Kumar Mohapatra

Bench: Aditya Kumar Mohapatra

                 IN THE HIGH COURT OF ORISSA AT CUTTACK
                              CRLLP No.143 of 2009
            Dharanidhar Swain               .....    Petitioner
                                                           Represented By Adv. -
                                                           Mr. D. Sethi

                                          -versus-
            Pabitra M. Swain                     .....               Opp. Party
                                                          Represented By Adv. -

                                                          Mr. S.K. Ray


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

                                          ORDER

23.10.2025 Order No.

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

2. None appears for the Parties.

3. Perused the application as well as impugned judgment dated 21.10.2009 by filing the present application under Sections 378(4) of Cr.P.C. the complainant seeks leave of this Court to prefer an appeal against the judgment of acquittal dated 31.10.2009.

4. On perusal of the trial Court record it appears that ICC Case No.121 of 2004 was filed by the complainant-Petitioner against the accused-Opposite Party alleging commission of an offence punishable under Sections 341/323/307/506 of IPC. As per the allegation made in the complaint petition it appears that the accused-Opposite Party illegally forcibly married off his sister namely, Renubala with the son of the complainant namely, Harichandra. As a result, the complainant can very well be termed

as victim as defined under Section 2(wa) of the Cr.P.C. It has also been held by the Hon'ble Supreme Court in Celestium Financial vs. Gnanasekaran etc. reported in (2025) SC Online SC 1320, that the complainant who has suffered any loss an injury can very well be treated as a victim for the purpose of the proviso to Section 372 of the Cr.P.C. which was introduced by way of an amendment, thereby conferring a right of appeal upon the victim. In view of the aforesaid change in law the complainant, who happens to be a victim in the present case, can very well prefer an appeal in terms of the proviso to Section 372 of the Cr.P.C. In view of the aforesaid change in the legal scenario, the application has been disposed of by granting liberty to the Petitioner to prefer an appeal in terms of the proviso to Section 372 of the Cr.P.C. within a period of four weeks along with an application for condonation of delay. In the event, any appeal has been filed along with an application for condonation of delay, the Appellate Court shall consider the same liberally keeping in view the fact that the leave application is pending before this Court since in the year 2009.

5. Accordingly, the CRLMC application stands disposed of.

( A.K. Mohapatra ) Judge Sisir

Designation: Personal Assistant