State Of Orissa vs Bharini Pattnaik And Others ..... ...
2025 Latest Caselaw 8605 Ori

Orissa High Court

State Of Orissa vs Bharini Pattnaik And Others ..... ... on 22 September, 2025

Author: Aditya Kumar Mohapatra

Bench: Aditya Kumar Mohapatra

                      IN THE HIGH COURT OF ORISSA AT CUTTACK

                                      CRLLP No.77 of 2006

                 State Of Orissa                       .....                Petitioner
                                                               Mr. S.K. Parhi, ASC

                                                -versus-

                 Bharini Pattnaik and others          .....          Opposite Parties
                                                               Mr. J.R. Dash, Adv.


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

                                                ORDER

22.09.2025 Order No.

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

2. Heard learned Additional Standing Counsel for the State- Petitioner as well as the Mr. J.R. Dash, learned counsel for the Opposite Parties.

3. The present application has been filed under Section 378(1) & (3) of Cr.P.C. seeking leave to prefer an appeal against the judgment of acquittal dated 23.03.2005 passed by the learned J.M.F.C., Bissamcuttack in G.R. Case No.110 of 1995, corresponding to T.R. No.1057 of 1995.

4. On perusal of the judgment, it appears that the Opposite Parties faced trial for alleged commission of offence punishable under Sections 379, 411, 34 of IPC read with Section 3 of the R.P.U.P. Act. Since the accused-Opposite Parties were acquitted by

the learned trial Court by virtue of the impugned judgment dated 23.03.2005, the State has filed this application seeking leave to prefer an appeal.

5. The present appeal has been admittedly filed with a delay of 373 days. On perusal of the Misc. Case No.9 of 2011 for condonation of delay, it appears that the same which has been filed in the year 2011, after filing of the leave application in the year 2006. In view of the aforesaid laches, this Court is not inclined to condone the delay.

6. 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