Allowed an interim application for condonation of delay in filing a criminal miscellaneous application seeking restoration of a previously dismissed criminal miscellaneous application. Restored the earlier order to file subject to payment of costs.
CRLMA No.345 of 2023 allowed; CRLMC No.334 of 2021 restored to file; Rs.500/- costs awarded.
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
CRLMA No.345 of 2023
Saubhagya Kumar Swain …. Petitioner
Mr. T.K. Acharya, Advocate
-versus-
State of Odisha and another
…. Opposite Parties
Mr. P.C. Das, A.S.C.
CORAM: JUSTICE A.K.MOHAPATRA
Order No.
ORDER
15.09.2023
I.A. No.55 of 2023
// 2 //
5. The I.A. is disposed of.
CRLMA No.345 of 2023
Signature Not Verified
Digitally Signed Signed by: DEBASIS AECH Designation: Secretary Reason: Authentication Location: OHC CUTTACK Date: 21-Sep-2023 19:15:38 Debasis
(A.K. Mohapatra) Judge
Page 2 of 2
3 issues framed by the court
Whether delay in filing a criminal miscellaneous application can be condoned.
Whether a criminal matter dismissed for non-prosecution can be restored to file.
Whether separate condonation of delay is required for restoration of a dismissed order.
Saubhagya Kumar Swain
State of Odisha
A.K. Mohapatra
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
