CIVIL APPEAL 136 of 2004 on 19 December 2006

1. This matter is taken up through Hybrid mode.

2. None appears for the Petitioner as well as the Opposite Party.

3. On perusal of the record, it appears that the present application has been filed in the year 2007 by the complainant in 1CC Case No.136 of 2004, which was instituted for commission of an offence punishable under Sections 294, 506, 504 of IPC. The Opposite Party eventually faced trial vide judgment dated 19.12.2006 passed by the learned S.D.J.M., Balasore in 1CC Case No.136 of 2004, corresponding to Trial No.1788 of 2004, the accused Opposite Party has been acquitted.

4. On perusal of the judgment, this Court observes that the learned trial Court by virtue of a detailed judgment and after taking into consideration the evidence adduced by both sides has arrived at Page 1 of 2.

S.K. Rout

a conclusion that the complainant had not come to the Court with a clean hand and has miserably failed to prove the case against the accused beyond all reasonable doubt. Accordingly, the accused was held to be not guilty and he has been acquitted of all the charges under Section 255(1) of the Cr.P.C. Therefore, on a careful scrutiny of the impugned judgment dated 19.12.2006, this Court is convinced that there is no ground to grant leave.

5. Accordingly, the leave application stands dismissed.

( Aditya Kumar Mohapatra ) Judge

Signature Not Verified

Digitally Signed Page 2 of 2.Signed by: SANTANU KUMAR ROUTReason: AuthenticationLocation: High Court of Orissa, CuttackDate: 25-Sep-2025 19:45:12Signed by: SANTANU KUMAR ROUTReason: AuthenticationLocation: High Court of Orissa, CuttackDate: 25-Sep-2025 19:45:12