Extracted from the PDF above. The PDF is authoritative.
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IN THE HIGH COURT OF ORISSA AT CUTTACK CRLLP No.38 of 2003 Smt.pramila Nayak ..... Petitioner
Represented By Adv. - M/s.d.p.pradhan -versus- Kailash Chandra ..... Opposite Party
Represented By Adv. - M/s.debasnan Das
CORAM:
THE HON’BLE MR. JUSTICE ADITYA KUMAR MOHAPATRA
Order No.
ORDER 18.08.2025
24.
1. This matter is taken up through Hybrid Arrangement (Virtual /Physical Mode).
2. On perusal of the record it appears that although the Leave Application was filed in the year 2003, the same was listed for the first time on 15.01.2008 and notices were issued. Thereafter, the matter posted again to 30.10.2023 and on 13.12.2023, however none appeared for the Petitioner.
3. On perusal of the record it appears that the complainant in a complaint case has approached this Court seeking leave to file an appeal under Section 378(4) of the Cr.P.C. The dispute that is involved in the complaint case is of the year 1998. Moreover, the accused persons who have faced trial have been acquitted in trial No.261 of 1998 arising out of 1.C.C. Case No.25 of 1998 vide
judgment dated 22.07.2002. The accused persons faced trial for
Page 2 of 2. alleged commission of offence punishable under Sections 447, 294, 323, 506 and read with Section 34 I.P.C.
4. On a careful analysis of the aforesaid fact, this Court is of the view that more than two decades have elapsed since the date of occurrence and the judgment. Moreover, taking into consideration the gravity and seriousness of the allegation, this Court is of the view that granting leave to file appeal at this stage would be an abuse of process of law.
5. Accordingly, the CRLLP stands dismissed.
( A.K. Mohapatra)
Judge Rubi