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2025 DAILYLAW 1907 (ORI)

LAXMIDHAR SAMAL v. STATE OF ODISHA

CMAPL/146/2025 · 2026-04-08

Aditya Kumar Mohapatra

body2025

Judgment text

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Page 1 of 3. IN THE HIGH COURT OF ORISSA AT CUTTACK CMAPL No.146 of 2025 Laxmidhar Samal ..... Petitioner Represented by Adv. – Mr. Sambhu Ch. Nath Sharma -versus- State of Odisha and others ..... Opposite Parties Represented by Adv. – Smt. Sasmita Nayak, ASC CORAM: THE HON’BLE MR. JUSTICE ADITYA KUMAR MOHAPATRA ORDER 08.04.2026 Order No. I.A. No.228 of 2025 03. 1. This matter is taken up through Hybrid Arrangement (Virtual /Physical Mode). 2. This interlocutory application has been filed by the Petitioner with a prayer for condonation of delay of 410 days in filing the CMAPL. 3. Heard the learned counsel for the Petitioner as well as the learned counsel for the State. Perused the grounds taken in the interlocutory application. 4. Considering the objection of the learned counsel for the State-Opposite Parties, delay of 410 days in filing the Page 2 of 3. CMAPL is condoned subject to payment of cost of Rs.1,000/- (Rupees one thousand) to the Juvenile Justice Fund managed by the Member Secretary, Odisha State Legal Services Authority within a period of seven days. 5. The I.A. is, accordingly, disposed of. CMAPL No.146 of 2025 6. The above noted application has been filed at the instance of the Appellant in F.A.O. No.288 of 2023 with a prayer to set aside order dated 30.11.2023 passed by a coordinate Bench of this Court thereby granting time to the Appellant to file certified copy of judgment dated 20.12.2023 peremptorily, failing which, order was passed that the appeal stands dismissed. 7. Learned counsel for the Petitioner, at the outset, contended that despite his best effort, he could not procure certified copy of judgment dated 20.12.2023. Accordingly, vide order of the Additional Deputy Registrar (J&E) I/C dated 01.02.2024 the appeal has been dismissed in compliance to order dated 30.11.2023. Learned counsel for the Petitioner contended that certified copy of judgment dated 20.12.2023 has already been filed. 8. Learned counsel for the State, on the other hand, objected to the restoration of the appeal on the ground that Page 3 of 3. the Petitioner has failed to comply with the order dated 30.11.2023 within the time granted by a coordinate Bench of this Court. 9. Considering the submission made by the learned counsel for both sides, on a careful examination of the facts on record, further taking note of the fact that the Petitioner has already filed a certified copy pursuant to order dated 30.11.2023 in the meantime, this Court is inclined to allow CMAPL. 10. Accordingly, the CMAPL is allowed. 11. Hence, FAO No.228 of 2023 is restored to file. 12. Registry is directed to place FAO. No.228 of 2023 before the assigned Bench in the next week. 13. With the aforesaid observation, the CMAPL is disposed of. ( A.K. Mohapatra ) Judge Debasis `