STATE OF ORISSA Vs. SUSAMA PANDA

JUDGEMENT

(1.) This is an application to condone the delay of 589 days in filing the Criminal Leave Petition to Appeal (CRLLP).

(2.) The impugned judgment acquitting the Opposite Party was passed by the Additional District and Sessions Judge, Rourkela on 13/5/2004 in Sessions Trial No.99/38 of 2002. The present CRLLP was filed on 23/3/2006. The explanation offered in this application is that after receipt of the judgment, it was placed before the Assistant Public Prosecution on 22/8/2005 i.e. more than one year and three months for offering his views. This delay of one year and three months is not explained. After receiving opinion on 25/8/2005, it was sent to the office of the Advocate General only on 3/1/2006, which is again a delay of almost four months. This again is not explained. Apparently, an endorsement was made by the Advocate General on the file to one Shri P.K. Mohanty for his legal opinion. That legal opinion was given on 16/1/2006. Ultimately, the petition was filed only on 23/3/2006.

(3.) It is clear that there is an unexplained delay at every stage and the delay is only due to administrative reasons.