State Of Orissa vs Binak Chhatria
2025 Latest Caselaw 8416 Ori

Orissa High Court

State Of Orissa vs Binak Chhatria on 18 September, 2025

Author: Aditya Kumar Mohapatra

Bench: Aditya Kumar Mohapatra

                  IN THE HIGH COURT OF ORISSA AT CUTTACK
                             CRLLP No.100 of 2005
            State Of Orissa             .....         Appellant
                                                        Represented By Adv. -
                                                        A.s.c.

                                         -versus-
            Binak Chhatria                     .....               Respondent
                                                       Represented By Adv. -
                                                       M/s.s.j.pradhan D.pradhan
                                                       S.mohanty M/s.k.a.guru
                                                       A.k.mohanty
                                                       S.k.mohapatra
                                                       A.panda.n.rath B.c.patra

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

18.09.2025 Order No.

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

2. On perusal of the record, it appears that the present application has been filed at the instance of the State- Petitioner seeking leave under section 378(1) (3) of the Code of Criminal Procedure to assail the judgment of acquittal dated 12.10.2004 by filling an appeal.

3. On perusal of the record, it appears that the accused persons faced trial for commission of offence punishable under section 3(a) R.P.U.P. Act for unlawful possession of railway property.

4. Learned trial court upon conclusion of trial has

acquitted the accused-Opposite Parties vide a detailed judgment taking note of the evidence led before the trial court. Moreover, although there is a delay of 139 days and application for condonation of delay has been filed. Till date such delay has not been condoned. The judgment under challenge is dated 12.10.2004 and the present application was filed in the year 2005. Therefore, taking into consideration the nature and gravity of the allegation and further keeping in view the fact that the delay in preferring the present application has not been condoned although two decades have been expired in the meantime, this Court is not inclined to condone the delay in preferring this application.

5. Accordingly, the Petition for condonation of delay is dismissed and consequently the CRLLP stands dismissed.

( A.K. Mohapatra) Judge RKS

Location: High Court of Orissa