The High Court dismissed the leave to petition challenging an order of acquittal under the Railway Property (Unauthorised Possession) Act, 1966, finding no illegality in the lower court's decision due to insufficient prosecution evidence.
The petition seeking leave to appeal 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. 58 of 2007
State
Petitioner
Mr. D. Nayak, AGA
-versus-
Nebu Lal Gupta and others
Opp. Parties
CORAM: JUSTICE M.S.SAHOO
ORDER
01.11.2023 Order No. Hybrid Mode
// 2 //
Khurda in 2(c)CC No. 70 of 1992 is liable to be set aside in view of the perverse finding and material irregularity.
Learned court has given a finding that as per evidence of P.W.7 who is an official witness i.e. Revenue Supervisor, the revenue plot no. 354 (where the seized materials alleged to be railway property being proceeds of crime, were found) has been leased to one Shri Bijaya Lal Agrawalla who is not involved in the present case.
A further finding has been given that considering the basis of allegations against Ram Narayan Gupta (O.P.No.2) & Bijaya Kumar Agrawalla (O.P. No.3), charges that plot No. 252 belongs to them, is unsustainable. 6. The learned court has also relied on the deposition of P.W.3. who is an expert witness stating that the articles he had examined were not found in the court at the time of his deposition i.e. material objects were not produced/or were not available at the time of his deposition. Further the learned court has given a categorical finding that the procedure for seizing the material objects were not followed as the articles at the time of examination by the P.W.3 were not found in a sealed condition.
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dutta
………………………
(M.S.Sahoo)
Judge
Signature Not Verified
Digitally Signed Signed by: AJIT KUMAR DUTTA Designation: Secretary Reason: Authentication Location: OHC Date: 06-Nov-2023 21:25:55
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1 issue framed by the court
Whether the leave to appeal under Section 378 CrPC against the order of acquittal should be allowed.
2 provisions across 2 enactments
STATE
NEBU LAL GUPTA
RAM NARAYAN GUPTA
BIJAYA KUMAR AGRAWALLA
M.S. SAHOO
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
