Dismissed¶21

State of Orissa v. Bipra Charan Bastia

Orissa HC11 Aug 2025CRLLP/43/2003

Case brief

AI extract

What is this about?

Orissa High Court, Cuttack - CRLLP No.43 of 2003, order dated 11.08.2025 by Aditya Kumar Mohapatra, J. State of Orissa v. Bipra Charan Bastia and others. Leave to appeal under Section 378(3) Cr.P.C. sought by the State against acquittal in judgment dated 16.11.2002 of Addl. Sessions Judge, Jagatsinghpur in Criminal Appeal No.11 of 2001, which set aside conviction under Section 498-A read with Section 34 IPC and Section 4 D.P. Act (RI 6 months + fine Rs.500/-) in G.R. Case No.455 of 1992 / Trial No.917 of 1992. Leave refused: FIR of 1992, leave application of 2003 never prosecuted, crime 'more than three decades ago', opposite parties 'must have settled in the society by now'. Application dismissed.

What did the court decide?

Granting leave at this juncture would cause an injustice to the Opposite Parties, who must have settled in the society by now.

State of Orissa Vs Bipra Charan Bastia — Orissa HC (2025) — LawSathi Research

¶1

IN THE HIGH COURT OF ORISSA AT CUTTACK CRLLP No.43 of 2003

¶2

State Of Orissa

¶3

..... Petitioner

¶4

Mr. S.C. Pradhan, ASC

¶5

-versus-

¶6

Bipra Charan Bastia and others

¶7

..... Opposite Parties

¶8

CORAM:

¶9

THE HON'BLE MR. JUSTICE ADITYA KUMAR MOHAPATRA

ORDER

11.08.2025

Order No.

This matter is taken up through Hybrid mode.

¶15

Heard learned counsel for the State-Petitioner. Perused the application as well as judgment dated 16^th November, 2002 passed in Criminal Appeal No.11 of 2001 by the learned Addl. Sessions Judge, Jagatsinghpur.

¶16

The present application has been filed under Section 378(3) of Cr.P.C. with a prayer for grant of leave to prefer an appeal against the judgment dated 16^th November, 2002 at the instance of the StatePetitioner. The judgment dated 16^th November, 2002 has been passed by the learned Addl. Sessions Judge, Jagatsinghpur in Criminal Appeal No.11 of 2001, whereby the appeal was allowed and the judgment passed by the learned S.D.J.M., Jagatsinghpur in G.R. Case No.455 of 1992 bearing Trial No.917 of 1992 has been set aside.

¶17

Learned counsel for the Petitioner at the outset contended that initially the learned trial Court had convicted the Opposite Parties

¶18

Page 1 of 2.

¶19

for commission of a crime punishable under Section 498-A read with Section 34 of IPC and Section 4 of the D.P. Act. and the accused persons have been sentenced to undergo rigorous imprisonment for six months and to pay a fine of Rs.500/-. The aforesaid judgment of the learned trial Court has been set aside by the learned Appellate Court vide judgment dated 16^th November, 2002 in Criminal Appeal No.11 of 2001. Being aggrieved by the order passed by the Lower Appellate Court in the above noted Criminal Appeal No.11 of 2001, the State has preferred this application seeking leave to challenge the judgment passed by the Lower Appellate Court.

¶20

On a perusal of the record, it appears that the occurrence out of which in the present criminal proceeding has arisen is based on an FIR which was registered in the year 1992. In the meantime several decades have passed. The application seeking leave, which was filed in the year 2003, was never placed by the State. In the aforesaid factual backdrop, this Court is of the view that granting leave at this juncture would cause an injustice to the Opposite Parties, who must have settled in the society by now. It would also been not be in the interest of justice to grant leave to proceed against the person for commission of a crime which had taken place more than three decades ago.

¶21

In such view of the matter, the application stands dismissed.

¶22

( Aditya Kumar Mohapatra ) Judge

¶23

S.K. Rout

¶24

Signature Not Verified

¶25

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

State of Orissa v. Bipra Charan Bastia

Case brief

What is this about?

What did the court decide?

State of Orissa v. Bipra Charan Bastia

Case brief

What is this about?

What did the court decide?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

Coram

Case details

Similar cases

Krushna Chandra Dash Vs Satyabrata Sahoo, I.A.S.

Banamali Behera Vs Anu Garg, I.A.S.

Kumuda Chandra Saunta Vs Indian Oil Corporation Ltd.

State of Orissa Vs Hemanta Ku.Sahoo

M/S. Pramodin Service Station Vs Union of India

Soumya Ranjan Behera Vs State of Odisha