Supreme Court of India · 2021-02-12
THE STATE OF ODISHA vs BANABIHARI MOHAPATRA
- Citation / case number
- SC 2021/3111
- Court
- Supreme Court of India
- Petitioner
- THE STATE OF ODISHA
- Respondent
- BANABIHARI MOHAPATRA
- Author
- HON'BLE MS. JUSTICE INDIRA BANERJEE
- Bench
- HON'BLE MR. JUSTICE HEMANT GUPTA HON'BLE MS. JUSTICE INDIRA BANERJEE
Judgment text excerpt
The Supreme Court of India addressed a Special Leave Petition filed by the State of Odisha challenging the High Court's dismissal of an application for leave to appeal against the acquittal of the respondents in a murder case. The Court emphasized that in serious criminal cases, appeals should not be dismissed solely on the basis of delay, as it could lead to a miscarriage of justice. However, the Court upheld the High Court's decision, noting that the merits of the application were considered before rejecting it due to a delay of 41 days.