High CourtsSingle Bench(2024) 03 OHC CK 0014

Jitendra Kumar Samal vs State Of Odisha & Ors

Orissa High Court · Decided on 4 March 2024

HON’BLE JUDGES
Dr. S.K. Panigrahi, J
RESULT
Dismissed
CASE NUMBER
CMAPL No.768 Of 2023

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Judgment

9 paragraphs · 210 words

Dr. S.K. Panigrahi, J

I.A. No.355 of 2023

1.

This matter is taken up through hybrid arrangement.

2.

This is an application filed under Section 5 of the Limitation Act, 1963 for condonation of delay of 350 days in preferring this CMAPL.

3.

Learned counsel for the Petitioner submits that the delay in filing this CMAPL is neither deliberate nor intentional.

4.

Considering the submissions and on going through the averments made in the I.A., the grounds as stated by the learned counsel for the Petitioner for condonation of delay in filing the CMAPL are found to be per se not acceptable. On a close reading of the application under Section 5 of the Limitation Act, 1963 seeking condonation of delay in filing the CMAPL, it is found that the application does not disclose any satisfactory explanation for such a long delay of 350 days in filing the CMAPL. There appears no sufficient cause to condone the delay. In fact, the Petitioner is found to have sat over the matter for a long time by not filing the CMAPL Hence, this Court is not inclined to condone the long delay in filing the CMAPL.

5.

The I.A. is dismissed.

6.

Consequently, the CMAPL is dismissed being barred by limitation.

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