Gauranga Charan Jena vs Kulamani Dash And Others ..... Opposite ...
2025 Latest Caselaw 7921 Ori

Orissa High Court

Gauranga Charan Jena vs Kulamani Dash And Others ..... Opposite ... on 4 September, 2025

Author: Aditya Kumar Mohapatra

Bench: Aditya Kumar Mohapatra

                      IN THE HIGH COURT OF ORISSA AT CUTTACK

                                      CRLLP No.21 of 2005

                 Gauranga Charan Jena                   .....               Petitioner
                                                                                  None

                                             -versus-

                 Kulamani Dash and others           .....            Opposite Parties
                                                                Represented By Adv. -
                                                                M/s. Ramakanta Mohanty


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

                                             ORDER

04.09.2025 Order No.

05. 1. This matter is taken up through Hybrid mode.

2. Opposite Party is present being represented by his lawyer pursuant to the notice issued on 05.12.2008, however, none appears for the Petitioner.

3. The present application was filed by the Informant-Petitioner under Section 378(4) of Cr.P.C. seeking leave to prefer an appeal against an order of acquittal dated 21.09.2004 passed by the learned J.M.F.C., Kendrapara in I.C.C. No.99 of 2001, which corresponds to T.C. No.257 of 2002.

4. By virtue of the impugned order dated 21.09.2004, the Opposite Parties-accused, were acquitted of the charges under Sections 379, 294, 506, 406, 34 of IPC. On a perusal of the records,

it appears that against the judgment of acquittal dated 21.09.2004, the present application was filed on 27.01.2005 seeking leave to prefer an appeal. The matter was then listed on 05.12.2008, on which date notice was issued to the Opposite Parties. Thereafter, the matter has never been listed. On perusal of the record, it appears that the Opposite Parties faced trial for alleged offence punishable under Sections 379, 294, 506, 406, 34 of IPC.

5. Taking into consideration the gravity of the offences, further keeping in view the fact that the leave petition is pending for almost two decades and that none appears for the Petitioner to press this application, the leave application stands dismissed due to default on the part of the Petitioner's counsel to appear before this Court.

6. Accordingly, the CRLLP application stands disposed of.

                                                           ( Aditya Kumar Mohapatra )
                                                                      Judge

S.K. Rout





                 Digitally Signed                                              Page 2 of 2.


                 Location: High Court of Orissa, Cuttack
                 Date: 08-Sep-2025 12:30:07