In this second appeal application under Section 378(1) and (3) of CrPC, the High Court of Orissa opened the application filed with a delay of 173 days. The Court held that prior notice served by affixture was invalid, and given the two-decade lapse, it declined to condone the delay, dismissing the leave application accordingly.
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.89 of 2006
State Of Orissa
..... Petitioner
Ms. B.K. Sahu, AGA
-versus-
Sirapani Modi
..... Opposite Party
None
CORAM:
THE HON’BLE MR. JUSTICE ADITYA KUMAR MOHAPATRA
ORDER
22.09.2025
Order No.
Page 1 of 2.
accompanied by a misc. case with a prayer for condonation of delay, however, only notice has been issued to the Opposite Party No.2 in the year 2011 and the same has been served by affixture. Since the service of notice by affixture cannot be construed as a valid service of notice, it is presume that no notice has been issued to the Opposite Party No.2. Although in the meantime two decades’ time has elapsed. In view of the aforesaid position, this Court is not inclined to condone the delay.
( Aditya Kumar Mohapatra )
Judge
S.K. Rout
Signature Not Verified
Digitally Signed Page 2 of 2. Signed by: SANTANU KUMAR ROUT Reason: Authentication Location: High Court of Orissa, C utta ck Date: 24-Sep-2025 12:27:49
2 issues framed by the court
Whether the court can condone the delay in filing the leave application for appeal due to prior service of notice by affixture.
Whether the delayed application for seeking leave to prefer an appeal under Section 378(1) & (3) of Cr.P.C. warrants condonation of delay.
1 provisions across 1 enactments
State Of Orissa
Aditya Kumar Mohapatra
Santanu Kumar Rout
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
