Baidhar Sahu Vs Iswar Naik — Orissa HC (2025) — LawSathi Research

Baidhar Sahu Vs Iswar Naik — Orissa HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Liberty granted to the Petitioner to prefer an appeal under the proviso to Section 372 of Cr.P.C. within four weeks, along with an application for condonation of delay; the Appellate Court to consider the condonation application in view of the pendency of the leave application before this Court.

Issue for consideration

Whether leave should be granted to the Petitioner (Victim/Informant) under Section 378(4) of Cr.P.C. to prefer an appeal against the judgment of acquittal dated 11.05.2007 passed by the learned J.M.F.C., Dhenkanal in I.C.C. Case No.45 of 2001.

Court's answer

Since the Cr.P.C. has been amended by Act 5 of 2009 (w.e.f. 31.12.2009) adding a proviso to Section 372 conferring on the victim a right to prefer an appeal against the order of acquittal, there is remedy available in the shape of an appeal and no leave is required under Section 378(4) of Cr.P.C.

Ratio / Principle

The leave application is disposed of by granting liberty to the Petitioner to move an appeal under the proviso to Section 372 of Cr.P.C., if so advised, within four weeks along with an application for condonation of delay; the Appellate Court shall consider the condonation application taking into consideration that the Petitioner had approached this Court seeking leave and the leave application remained pending till date.

Detailed headnote1 paragraphs

Criminal leave petition (CRLLP) — Victim/Informant's application under Section 378(4) of Cr.P.C. for leave to appeal against acquittal dated 11.05.2007 by the learned J.M.F.C., Dhenkanal in I.C.C. Case No.45 of 2001 — application pending since 2007, last listed 07.11.2023 — Cr.P.C. amended by Act 5 of 2009 (w.e.f. 31.12.2009) inserting proviso to Section 372 conferring on the victim a right to appeal against acquittal — since the remedy of appeal is now available, no leave is required under Section 378(4) — application disposed of with liberty to file an appeal under the proviso to Section 372 within four weeks together with a condonation-of-delay application; Appellate Court to consider the delay in light of the pendency of the leave application (A.K. Mohapatra, J.).

IN THE HIGH COURT OF ORISSA AT CUTTACK CRLLP No.98 of 2007

Baidhar Sahu

.....

Petitioner

Represented By Adv. - Mr K.P. Mohanty

-versus-

Iswar Naik ..... Opposite Party Represented By Adv. - M/s P.K. Praharaj, S.Tripathy, J.K. Mohanty, D.K. Parida, G. Rath (For O.P. Nos.1 to 5)

CORAM:

THE HON’BLE MR. JUSTICE ADITYA KUMAR MOHAPATRA

ORDER

09.10.2025

Order No.

1. This matter is taken up through Hybrid Arrangement (Virtual/ Physical Mode).

Heard learned counsel for the Petitioner. No one appears on behalf of the Opposite Parties. Perused the petition as well as the prayer made therein.

The present application has been filed at the instance of the Victim/Informant under Section 378(4) of Cr.P.C. seeking leave to prefer an appeal against the judgment of acquittal dated 11.05.2007 passed by the learned J.M.F.C., Dhenkanal in I.C.C. Case No.45 of 2001 whereby the Accused-Opposite Party has been acquitted.

Although the present leave application was filed in the year 2007, however, the same has remained pending for a long time. The

Page 1 of 1.

case was last listed on 07.11.2023. Thereafter, the matter was not listed.

Though the Petitioner has approached this Court challenging judgment dated 11.05.2007 seeking leave to prefer an appeal against the judgment of acquittal, in the meantime Cr.P.C. has been amended by Act 5 of 2009 w.e.f. 31.12.2009, whereby a proviso has been added to the existing Section 372 of Cr.P.C. In view of the proviso under Section 372 of Cr.P.C., a right has been conferred upon the victim to prefer an appeal against the order of acquittal.

Since there is remedy available in the shape of an appeal, no leave is required under Section 378(4) of Cr.P.C.

Accordingly, the present application is being disposed of by granting liberty to the Petitioner to move an appeal under the proviso to Section 372 of Cr.P.C., if so advised, within a period of four weeks along with an application for condonation of delay. In such eventuality, learned Appellate Court shall consider the application for condonation of delay taking into consideration the fact that the Petitioner had approached this Court seeking leave and such leave application was pending till date.

( A.K. Mohapatra ) Judge

Debasis

Signature Not Verified

Digitally Signed Signed by: DEBASIS AECH Reason: Authentication Location: ORISSA HIGH COURT Date: 10-Oct-2025 15:35:33

Page 2 of 2.