The High Court of Orissa considered a citation for leave to appeal against an acquittal under the Railway Properties (Unlawful possession) Act. The Court found no material irregularity or perversity in the trial court's judgment and denied leave for appeal, dismissing the citation.
Leave for appeal was denied and the citation was dismissed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF ORISSA AT CUTTACK
CRLLP No.135 of 2007
State of Orissa
Petitioner
Mr. P.S. Nayak, Sr. Panel Counsel, Union of India (Railways)
-versus-
Hari Kumar
Opp.party
CORAM:
JUSTICE M.S.SAHOO
ORDER
13.11.2023
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The office note dated 11.01.2011 indicates that admission notice issued to the sole opposite party was served personally and reported to be sufficient.
None appears for the opposite party when the matter is called.
The further finding given by the learned trial court is that though the prosecution initially proposed to examine two police constables, cited initially as witnesses to the confessional statement of the accused
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regarding his possession of the railway property, have not been examined as witnesses.
Gs
( M.S.Sahoo)
Judge
Signature Not Verified
Digitally Signed Signed by: GAGAN BIHARI SAMAL Reason: Authentication Location: ohc Date: 21-Nov-2023 16:37:20
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2 issues framed by the court
Whether there is material irregularity or perversity in the trial court's judgment regarding the evidence of recovery and expert opinion.
Whether the case is fit for granting leave to appeal under Section 378 of the CrPC against an acquittal.
2 provisions across 2 enactments
State of Orissa
Hari Kumar
M.S. Sahoo
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
