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2025 DAILYLAW 3863 (ORI)

SANTILATA MAHAPATRA v. STATE OF ODISHA

CRLREV/549/2025 · 2026-01-27

V Narasingh

Criminal Appealbody2025

Judgment text

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p. 1 IN THE HIGH COURT OF ORISSA AT CUTTACK CRL. REV. No.549 of 2025 Santilata Mahapatra …. Petitioner Ms. S. Nanda, Advocate -versus- 1.State of Odisha 2.Babula Nayak 3.Mitu Nayak 4.Rama Nayak …. Opposite Parties Mr.C.R. Swain, AGA CORAM: JUSTICE V. NARASINGH Order No. ORDER 27.01.2026 03. 1. Heard learned counsel for the Petitioner and the learned counsel for the State. 2. The Petitioner as Informant put the criminal law into motion and Bada Bazar P.S. Case No.62 of 2022 was registered. After investigation, charge sheet was filed under Sections 341/394/506/34 IPC. After trial, learned J.M.F.C, Berhampur vide judgment dated 27.06.2024 in G.R. Case No.607 of 2022 while acquitting the accused under Sections 341/506 IPC but found them guilty under Sections 294 IPC and directed to release them as per the provision of Section 3 of the Probation of Offender Act. 3. Admittedly there is no appeal at the behest of the convicts. Assailing the same, the Petitioner as p. 2 Informant preferred Criminal Appeal No.60 of 2024 before the learned Addl. Sessions Judge, Berhampur. Learned Appellate Court confirmed the judgment dated 27.06.2024 passed by the learned J.M.F.C, Berhampur in G.R. Case No.607 of 2022. Hence, alleging miscarriage of justice, the present Criminal Revision has been filed. 4. This Court perused the judgment of the courts below and the evidence on record. 5. Considering the same and keeping in view the parameters of the revisional court more so in the order of acquittal as laid down by the Apex Court in the case of Akalu Ahir and others vrs. Ramdeo Ram, AIR 1973 SC 2145, this Court does not find any force on the submission of the learned counsel for the Petitioner that the matter merits consideration. 6. Accordingly, the Criminal Revision being devoid of merit stands rejected. (V. NARASINGH) Judge PKS