Allowed

Sajjit Karkaria v. State of Odisha

Orissa HC19 Nov 2020CRLMA/115/2020

Case brief

AI extract

What is this about?

Court condoned delay in filing appeal under Limitation Act Section 5 due to pendency of withdrawn CRLMP, imposing Rs.1000 cost. House admitted appeal, directed service of memo, and reserved grounds for future charge framing, postponing next hearing.

What did the court decide?

Delay in filing appeal condoned subject to payment of Rs.1000 to Advocate Welfare Fund; appeal admitted with liberty to frame charges later.

Sajjit Karkaria Vs State of Odisha — Civil Procedure and Limitation | Orissa HC (2020)

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CRLA No.115 of 2020

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06 08.04.2021

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I.A. No.246 of 2020

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This matter is taken up by video conferencing

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mode.

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Heard Mr.Sashibhusan Das, learned counsel for the petitioners and Mr.Dhananjaya Mund, learned Additional Government Advocate.

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This is an application under section 5 of the Limitation Act for condonation of delay in filing the appeal since the appellant filed CRLMP No.1465 of 2017 pending before this Court from 22.12.2017 to 04.02.2020. Thereafter, after withdrawal of the said CRLMP appeal has been preferred. Therefore, delay has been occasioned in filing the appeal.

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Considering the submissions made by the parties, delay in filing the appeal is condoned subject to payment of cost of Rs.1000/- (rupees one thousand) to the Advocate Welfare Fund of High Court Bar Association in course of the day.

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I.A. is accordingly disposed of.

P.Patnaik,J

07 08.04.2021

CRLA No.115 of 2020

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Heard.

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Admit.

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Call for the L.C.R. A copy of the appeal memo be served on Mr.Sanjaya Kumar Das, learned Standing

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Counsel for Vigilance Department.

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Put up this matter four weeks after.

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As the restrictions due to the COVID-19 situation are continuing, learned counsel for the parties may utilize a soft copy of this order available in the High Court’s website or print out thereof at par with certified copy in the manner prescribed, vide Court’s Notice No.4587, dated 25^th March, 2020.

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……..…………… P.Patnaik,J

appellant and Mr.A.K.Nayak, learned counsel appearing for

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OPID.

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Mr.Panda, learned counsel for the appellant on instruction submits that no charge has been framed against the appellant till date. He seeks liberty to allow the appellant to take all the grounds available with him at the time of framing of charge.

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Pendency of the appeal shall not stand on the way of the appellant to agitate all the grounds available with him at the time of framing of charge by the learned trial court.

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Put up this matter four weeks after.

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……..…………… P.Patnaik,J

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Sajjit Karkaria v. State of Odisha

Case brief

What is this about?

What did the court decide?

Sajjit Karkaria v. State of Odisha

Case brief

What is this about?

What did the court decide?

What the court decided

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