State vs Jaidhar Kujur
2025 Latest Caselaw 8136 Ori

Orissa High Court

State vs Jaidhar Kujur on 11 September, 2025

Author: Aditya Kumar Mohapatra

Bench: Aditya Kumar Mohapatra

                  IN THE HIGH COURT OF ORISSA AT CUTTACK
                              CRLLP No.73 of 2005
            State                       .....         Appellant
                                                        Represented By Adv. -
                                                        Aga

                                         -versus-
            Jaidhar Kujur                       .....              Respondent
                                                        Represented By Adv. -
                                                        M/s. Sarat Ch. Mekap

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

11.09.2025 Order No.

04. CRLLP 73 of 2005 & M.C.56 of 2006

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

2. Heard learned counsel for the Petitioner-State as well as the learned counsel for the Opposite Party-accused. Perused the Leave Petition.

3. The Present Leave Petition has been filed under section 378(1) of Cr.P.C. at the instance of the State challenging the judgment of acquittal passed in 2 (C) C.C.Case No.165(B) of 1990 dated 17.05.2003 by the learned JMFC. Panposh, Rourkela.

4. Learned counsel for the Petitioner-State at the outset contended that although the prosecution witnesses proved the prosecution case, however the learned magistrate

passed an order of acquittal vide order dated 17.05.2003.

5. Learned counsel for the Petitioner-State in course of his argument referred to the grounds taken in the Leave Petition. While arguing in favour of the grant of leave to prefer appeal, learned counsel for the Petitioner-State led emphasis to the confessional statement of the accused, which is admissible in evidence. He also submitted that the learned magistrate has committed gross illegality in passing the order of acquittal against the accused.

6. On perusal of the judgment of the learned lower Appellate court, dated 17.05.2003 this Court observes that the learned trial court has come to a conclusion that the prosecution has failed to prove the charge against the accused. Learned trial court also found the discrepancies in the evidence of the prosecution evidence. Accordingly, the accused persons were acquitted by the learned trial court.

7. On perusal of the record of the present Petition, it appears that the present application was presented with a delay of 446 days. Although an application for condonation of delay accompanied with the Leave Petition, however the same was never considered till today. Therefore, it appears that the delay has not been condoned as of now.

8. Taking into consideration the aforesaid fact, this Court is of the view that the delay in presenting the Petition cannot be condoned after two decades from the date of petition being presented before this Court. Moreover, on merits also this Court found that there are no other grounds

on which the leave can be granted to prefer appeal.

9. Accordingly, the CRLLP is disposed of.

( A.K. Mohapatra) Judge RKS

Designation: AR-CUM-Senior Secretary

Location: High Court of Orissa Date: 12-Sep-2025 15:29:23