Biren Das @ Birendranath Das vs State Of Odisha And Others
2022 Latest Caselaw 6421 Ori

                       IN THE HIGH COURT OF ORISSA AT CUTTACK

                                  CRLMC No. 2278 of 2022


            Biren Das @ Birendranath Das              ....              Petitioner
                                            Mr. Pravash Chandra Jena, Advocate

                                            -Versus-

            State of Odisha and others                    ....       Opposite Parties
                                                       Mr. Tapas Kumar Praharaj, SC

                       CORAM:
                       MR. JUSTICE R.K. PATTANAIK

                                           ORDER

09.11.2022 Order No.

04. 1. Heard learned counsel for the petitioner, learned counsel for the State and learned counsel appearing for opposite party Nos.2, 3 and 4.

2. Mr. Jena, learned counsel for the petitioner submits that the question of law which is involved in the present case is regarding quashing of the criminal proceeding involving the offences under the POCSO Act. It is submitted that as against the decision of Kerala High Court in the case of Hafsal Rahman N.K. Vrs. The State of Kerala and others in Crl. MC No.5636 of 2019(D), the matter has been carried to the Supreme Court and the same is pending disposal. Mr. Jena, learned counsel for the petitioner submits that the judgment of the Kerala High Court (supra) has been stayed by the Apex Court and till the question is not decided, let the matter may lie over in this Court.

3. Mr.Praharaj, learned Standing Counsel submits that the petitioner is an absconder and he is not co-operating in the investigation and there is also an interim order passed by this Court in I.A. No.1814 of 2022. In response to the above, Mr. Jena,

learned counsel for the petitioner submits that it is not correct to allege that the petitioner is not extending corporation to the IO in the investigation, inasmuch as, a copy of the interim order dated 13th September, 2022 passed by this Court in I.A. No.1814 of 2022 was produced before the local police. Considering the above submission, Mr. Praharaj, learned Standing Counsel for the State is directed to obtain a report from the I.O. of the concerned PS intimating therein as to whether the petitioner is cooperating in the investigation or he is taking undue advantage of the interim order passed by this Court in I.A. No.1814 of 2022 which shall reach this Court by the next date.

4. List this matter on 16th December, 2022.

5. Interim order passed earlier shall continue till the next date.

(R.K. Pattanaik) Judge U.K.Sahoo