State vs Prakash Nahak
2025 Latest Caselaw 8487 Ori

Orissa High Court

State vs Prakash Nahak on 19 September, 2025

Author: Aditya Kumar Mohapatra

Bench: Aditya Kumar Mohapatra

                       IN THE HIGH COURT OF ORISSA AT CUTTACK
                                   CRLLP No.70 of 2006
                 State                       .....         Appellant
                                                           Represented By Adv. -
                                                           Mr. S.K.Parhi, A.S.C.

                                            -versus-
                 Prakash Nahak                     .....             Respondent
                                                           Represented By Adv. -

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

                                            ORDER

19.09.2025 Order No.

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

2. On perusal of the leave application, it appears that there exists a delay of two days. However, no limitation application has been filed by the State-Appellant for condonation of such delay. Although, the present leave application was filed on 20.06.2006, the same was never listed until now. Today it has been listed for first time after a gap of two decades, as has been indicated hereinabove and no steps have been taken for condonation of delay.

3. Taking into consideration the seriousness and gravity of the allegation as well as on a close scrutiny of the impugned judgment of the acquittal, this Court is of the view that no substantive ground exists for condonation of delay and to permit the state to prefer an appeal, that to, after expiry of two

decades.

4. In view of the aforesaid position, this Court is not inclined to grant leave to prefer an appeal. Accordingly, the Leave application stands dismissed on the ground of limitation as well as on merits.

( Aditya Kumar Mohapatra ) Judge

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