Dismissed¶23

State of Orissa v. Hemanta Ku.Sahoo

Orissa HC11 Aug 2025CRLLP/103/2003

Case brief

AI extract

What is this about?

State's application for leave to appeal against acquittal; CRLLP No.103 of 2003; Sections 378(1) and (3) Cr.P.C.; Section 294 IPC; Criminal Appeal No.139 of 2000; Addl. Sessions Judge, Talcher; G.R. Case No.120 of 1993; leave refused; application dismissed; High Court of Orissa; Aditya Kumar Mohapatra, J.

What did the court decide?

There is no ground to grant the State leave to prefer a further appeal against the impugned judgment dated 17.04.2003 of the learned Lower Appellate Court. ¶22

State of Orissa Vs Hemanta Ku.Sahoo — Orissa HC (2025) — LawSathi Research

¶1

IN THE HIGH COURT OF ORISSA AT CUTTACK

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CRLLP No.103 of 2003

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State Of Orissa

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.....

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Petitioner

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Mr. S.C. Pradhan, ASC

¶7

-versus-

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Hemanta Kumar Sahoo

¶9

..... Opposite Party

¶10

CORAM:

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THE HON'BLE MR. JUSTICE ADITYA KUMAR MOHAPATRA

ORDER

11.08.2025

Order No.

06.

This matter is taken up through Hybrid mode.

¶17

Heard learned counsel for the State-Petitioner. Perused the application.

¶18

The present application has been filed under Section 378(1) and (3) of Cr.P.C. seeking leave to challenge judgment dated 17.04.2003 passed in Criminal Appeal No.139 of 2000 by the learned Addl. Sessions Judge, Talcher.

¶19

On a close scrutiny of the judgment, it appears that the Opposite Party was initially convicted by the trial Court for commission of offence punishable under Section 294 of IPC vide judgment dated 26.08.2000 passed by the learned S.D.J.M., Talcher in G.R. Case No.120 of 1993. Thereafter, the Opposite Party as Appellant preferred an appeal before the learned Addl. Sessions

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Page 1 of 2.

¶21

Judge, Talcher. In the aforesaid appeal, the learned Lower Appellate Court had set aside the judgment of the conviction vide judgment dated 17.04.2003. As against the aforesaid judgment, setting aside the judgment of the trial Court the State has preferred this appeal challenging the judgment of the learned Lower Appellate Court in acquitting the Petitioner by setting aside the judgment of the trial Court.

¶22

On a close scrutiny of the materials on record, it appears that the occurrence from which the criminal proceeding arises had taken place way back in the year 1993. Moreover, initially the Opposite Party who was convicted, his conviction has been set aside by the learned Lower Appellate Court. Upon going through the judgment of the learned Lower Appellate Court, this Court is of the view that there is no ground to grant leave to the State to prefer further appeal against the impugned judgment dated 17.04.2003.

¶23

6. Accordingly, the application stands dismissed.

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( Aditya Kumar Mohapatra ) Judge

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S.K. Rout

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Signature Not Verified

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Digitally Signed Page 2 of 2. Signed by: SANTANU KUMAR ROUT Reason: Authentication Location: High Court of Orissa, C utta ck Date: 12-Aug-2025 11:20:44

State of Orissa v. Hemanta Ku.Sahoo

Case brief

What is this about?

What did the court decide?

State of Orissa v. Hemanta Ku.Sahoo

Case brief

What is this about?

What did the court decide?

What the court decided

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