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february 2021

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.

THE STATE OF ODISHA vs BANABIHARI MOHAPATRA · Niyam