The High Court of Orissa denied leave to an appeal (CRLLP No. 44 of 2006) filed seventeen years after the date of conviction. Considering the delay and lack of purpose, the Court dismissed the request for leave to appeal.
Leave to appeal is not granted and the Civil revisional leave petition is 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.44 OF 2006
State of Orissa
…. Appellant/Petitioner
Mr.S.S.Pradhan,State Counsel
-versus-
Bhaba @ Bhabagrahi Lenka …. Respondents/Opp.Parties and Others None
CORAM:
JUSTICE BISWANATH RATH
JUSTICE M.S.SAHOO
ORDER
Order No.
17.03.2023
the incident involving the offence took place on 07.08.2004 and there has been order of acquittal on 08.09.2005. This leave to Appeal even though was brought on 13.04.2006 unfortunately the leave application was filed along with a limitation petition. There is condonation of delay by a coordinate bench of this Court hardly by order dated 05.07.2022. There is no grant of leave for over seventeen years.
date of acquittal and the age of each of the respondents at the time
Page 1 of 2
// 2 //
of incident taking place and presently, this Court finds, there is no purpose in entertaining/granting leave to entertain an appeal at this point of time for loss of substantial period in the meantime at least eighteen years from the date of conviction. This Court is not inclined to grant leave to Appeal.
dismissed.
U.Nayak
(Biswanath Rath)
Judge
(M.S.Sahoo)
Judge
Page 2 of 2
2 issues framed by the court
Whether leave to appeal in a criminal matter filed after seventeen years with a substantial delay should be granted.
Whether the High Court should entertain an appeal after such a lapse of time that would cause loss of a proper trial period.
State of Orissa
Bhaba @ Bhabagrahi Lenka
BISWANATH RATH
M.S. SAHOO
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
