State Of Orissa vs Ratikanta Panda And Another ..... ...
2025 Latest Caselaw 8603 Ori

Orissa High Court

State Of Orissa vs Ratikanta Panda And Another ..... ... on 22 September, 2025

Author: Aditya Kumar Mohapatra

Bench: Aditya Kumar Mohapatra

                       IN THE HIGH COURT OF ORISSA AT CUTTACK

                                       CRLLP No.99 of 2006

                 State of Orissa                     .....                Petitioner
                                                               Ms. B.K. Sahu, AGA

                                              -versus-

                 Ratikanta Panda and another         .....          Opposite Parties
                                                                                None


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

                                              ORDER

22.09.2025 Order No.

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

2. Heard learned Additional Government Advocate for the State- Petitioner. None appears for the accused-Opposite Parties. Perused the application as well as the prayer made therein.

3. The present application has been filed at the instance of the State-Petitioner by invoking the provision of Section 378(1) & (3) of Cr.P.C. for grant of leave to prefer an appeal against the judgment of acquittal passed by the learned J.M.F.C., Soro in G.R. Case No.184 of 2003, corresponding to Trial No.366 of 2003. The above noted G.R. Case arises out of Soro P.S. which was registered for commission of an offence punishable under Section 47(a) of Bihar & Orissa Excise Act, 1915.

4. On perusal of the records, it appears that the present petition was filed on 01.08.2006 without any application for condonation of delay of 58 days in presentation of the application as pointed out by the stamp reporter. Although time was granted by this Court to take steps for limitation on 14.01.2011, an application has been filed for condonation of delay five years after the petition was presented before this Court. Since no application for condonation of delay was accompanying the main application seeking leave, the limitation was continuing till the time of filing of the application for condonation of delay. Therefore, technically there exists a delay of almost around five years. Similarly, notice was issued on 18.03.2011 to the accused on the question of limitation, thereafter the matter has not been listed. Although Mr. B.K. Nayak, learned counsel has appeared on behalf of the Opposite Parties, he is not present in Court today to oppose the application for condonation of delay. However, taking into consideration the long delay and further keeping in view the nature of the offence, which is trivial in nature, this Court is not inclined to grant leave after expiry of a period of almost two decades.

5. Accordingly, the application for condonation of delay as well as the leave application stands dismissed.

                                                           ( Aditya Kumar Mohapatra )
                                                                      Judge

S.K. Rout





                 Digitally Signed                                              Page 2 of 2.


                 Location: High Court of Orissa, Cuttack
                 Date: 24-Sep-2025 12:27:49