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Orissa High Court

Dipak Kumar Sejpal vs State Of Orissa And Others ..... ... on 9 May, 2023

Bench: B.R. Sarangi, M.S. Raman

            IN THE HIGH COURT OF ORISSA AT CUTTACK
                                       CMAPL No. 453 of 2019
Dipak Kumar Sejpal                              .....                               Petitioner
                                                                   Mr. B. Mohanty, Advocate
                                          Vs.
State of Orissa and others                      .....                          Opposite Parties
                                                                          Mr. S. Nayak, A.S.C.

                    CORAM:
                       DR. JUSTICE B.R. SARANGI
                       Mr. JUSTICE M.S. RAMAN

                                                       ORDER

09.05.2023 CMAPL No. 453 of 2019 & I.A. No.190 of 2019 Order No. 02 This matter is taken up through hybrid mode.

2. Heard learned counsel for the petitioner.

3. This CMAPL has been filed for restoration of W.P.(C) No.9843 of 2003 by recalling the order dated 05.12.2017.

4. This application has been filed after a delay of 567 days. On perusal of the records, there is delay of 567 days in filing the CMAPL application and each day delay has not been properly explained.

5. In view of the judgment passed by this Court in State of Orissa and another v. Bishnupriya Routray and another, 118 (2014) CLT 588, this Court is not inclined to condone the delay of 567 days in filing the CMAPL application.

6. Accordingly, the I.A. stands dismissed and consequentially, CMAPL stands dismissed.




                    Digitally signed
                                                                (DR. B.R. SARANGI)
       ALOK         by ALOK
                    RANJAN SETHY
                                                                      JUDGE
       RANJAN       Date:
                    2023.05.10
       SETHY        11:21:35
                    +05'30'

                                                                   (M.S. RAMAN )
             Alok                                                      JUDGE