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view that the Complainant can very well prefer an appeal under the

proviso to Section 372 of Cr.P.C. before the Appellate Court instead

of seeking leave of this Court under Section 378(4) of the Cr.P.C.

8. Keeping in view the law laid down by the Hon’ble Supreme

Court in Celestium Financial’s case (supra), this Court disposes of

the leave application by granting liberty to the Petitioner to prefer an

appeal under the proviso to Section 372 Cr.P.C. within a period of

four weeks from today along with an application for condonation of

delay. In such eventuality, the Appellate Court shall consider the

application for condonation of delay by taking a lenient view.

9. With the aforesaid observations and directions, the CRLLP

stands disposed of.

( A.K. Mohapatra )

Judge

Debasis

Signature Not Verified

Digitally Signed

Signed by: DEBASIS AECH

Reason: Authentication

Location: ORISSA HIGH COURT

Date: 22-Dec-2025 18:36:09

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