State v. Srikant Mallick
Case brief
What is this about?
The single-judge bench of the High Court of Orissa dismissed the writ appeal for inordinate delay. The appeal was filed after 1 year 270 days with unconvincing explanation, and the certified copy was missing for 11 years.
What did the court decide?
The appeal and miscellaneous case were dismissed due to inordinate delay and failure to file the certified copy.
What the court decided
IN THE HIGH COURT OF ORISSA AT CUTTACK
W.A. No.33 of 2011
State of Orissa
…. Appellant Mr. P. K. Muduli, Advocate
-versus-
Srikanta Mallick …. Respondent None
CORAM: THE CHIEF JUSTICE JUSTICE R. K. PATTANAIK
Order No.
ORDER 27.07.2022 W.A. No.33 of 2011 and Misc. Case No.59 of 2011
- There is an inordinate delay of 1 year and 270 days in filing the appeal. The Court is not satisfied with the explanation given for condonation of delay. The certified copy of the impugned order has not been filed for the last 11 years. Steps have also not been taken to cure the defecst. Consequently, the delay is not condoned. The above Misc. Case is dismissed. Accordingly, the appeal is dismissed.
Issues for consideration
1 issue framed by the court
Whether the delay in filing the writ appeal and absence of certified copy warrant condonation.
Parties & counsel
- appellant
State of Orissa
- respondent
Srikanta Mallick
Coram
R. K. Pattanaik
Case details
As recorded by the court registry
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