Extracted from the PDF above. The PDF is authoritative.
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IN THE HIGH COURT OF ORISSA AT CUTTACK
CRLLP No.93 of 2013
State of Orissa ..... Petitioner
Ms. B.K. Sahu, AGA -versus-
Kaibalya Parida ..... Opposite Party
Represented by Adv. -
CORAM:
THE HON’BLE MR. JUSTICE ADITYA KUMAR MOHAPATRA
ORDER 08.01.2026
Order No.
05.
1. This matter is taken up through Hybrid mode.
2. Heard learned counsel for the State-Petitioner. Perused the application as well as the prayer made therein.
3. The present application has been filed under Section 378(1) (3) of the Cr.P.C. seeking leave to prefer an appeal against a
judgment of acquittal dated 12.10.2012 passed in S.C. No.12 of 2012 by the learned Sessions Judge-cum-Special Judge, Bolangir, thereby acquitting the Opposite Party of the charges under Sections 452, 294 & 353 of IPC read with Section 3(i)(x) of S.C. & S.T. (PoA) Act. Although the present petition seeking leave was filed on 04.07.2013, the same was with a delay of 175 days. Initially notices were issued in the limitation matter, however, the same could not be issued due to non-filing of the requisites.
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4. Opportunity was granted to the State to take steps for issuance of notice in the limitation matter. However, due to laches on the part of the State-Petitioner no notice in the limitation matter could be issued. Record further reveals that the Opposite Party No.2-accused was aged about 75 years in the year 2013 when this application was presented.
5. In view of the aforesaid position, this Court is of the view that when this matter is being taken up for admission in the year 2026 it would be highly unfair and against the interest of justice to grant leave in the present matter. In such view of the matter, this Court is not inclined to grant leave.
6. Accordingly, the leave application is dismissed on the ground of limitation as well as on merits.
( Aditya Kumar Mohapatra )
Judge
S.K. Rout