State Of Orissa vs Sada@Sadananda Dehury ..... Opposite ...
2026 Latest Caselaw 165 Ori

Orissa High Court

State Of Orissa vs Sada@Sadananda Dehury ..... Opposite ... on 8 January, 2026

Author: Aditya Kumar Mohapatra

Bench: Aditya Kumar Mohapatra

                  IN THE HIGH COURT OF ORISSA AT CUTTACK
                              CRLLP No.91 of 2013
            State of Orissa             .....         Petitioner
                                                             Represented by Adv. -
                                                             Addl.standing Counsel

                                          -versus-
            Sada@Sadananda Dehury                    .....           Opposite Party
                                                                Represented by Adv. -

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

                                         ORDER

08.01.2026

Order No.

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

2. Heard learned counsel for the State-Petitioner. Perused the leave application.

3. The present leave application has been filed at the instance of the State under Section 378(1) and (3) of the Cr.P.C. seeking leave to prefer an appeal against the judgment of acquittal dated 24.12.2012 passed by the learned Adhoc Addl. District & Sessions Judge (FTC), Dhenkanal in C.T. (SS) Case No.89 of 2012 which corresponds to Dhenkanal Sadar P.S. Case No.72(33) of 2012 dated 14.02.2012, thereby acquitting the Opposite Party of the charges under Section 376(2)(f) and 506 I.P.C.

4. On perusal of the record, it appears that the leave application was presented on 03.07.2013 thereafter notice was issued vide order dated 25.03.2014. The notice which was issued to the sole Opposite Party is returned unserved with the endorsement that the addressee is dead.

5. In such view of the matter and considering the fact that the sole Opposite Party is dead, the present petition has abated.

6. Accordingly, the same is dismissed with liberty to the State to revive the same in the event it is found that the postal endorsement with regard to the fact that the sole Opposite party is dead is found to be incorrect.

7. Accordingly, the leave application stands disposed of.

( A.K. Mohapatra ) Judge Rubi