[email protected]@Abimanyu vs State Of Odisha
2023 Latest Caselaw 5621 Ori

                    IN THE HIGH COURT OF ORISSA AT CUTTACK

                                  CRLMC No.1533 of 2023

            [email protected]@Abimanyu                      ....                       Petitioners
            [email protected] Tripathy
                                                                Mr. M.K. Mohapatra,
                                                                          Advocate

                                                -Versus -
            State of Odisha                             ....                Opposite Party

                                                                        Mr. S. K. Mishra,
                                                             Additional Standing Counsel


                         CORAM:
                           JUSTICE SASHIKANTA MISHRA
                                            ORDER_
                                           10.05.2023

Order No.      1.   This matter is taken up through hybrid mode.
   1.

2. Heard learned counsel for the petitioner and learned counsel for the State.

3. The petitioner is aggrieved by order dated 17.02.2022 whereby the court below framed charge under Section 457 of IPC. The petitioner had earlier approached this Court in CRLREV No. 644 of 2022 challenging the order dated 19.12.2022 passed by the Court below in rejecting his application for discharge. By judgment dated 02.02.2023, this Court found that the offences under Sections 354(A) of IPC and Section 8 of the POCSO Act are not made out and therefore, quashed the impugned order in so far as it related to framing of charge for the said offenses. This Court however, found no reason to interfere with the impugned order in respect of the charge under Section 457 of IPC. It is the grievance of the petitioner that by the impugned order the Court below has directed the accused to appear for framing of charge for the offence under Section 457 of IPC. It is submitted that offence under Section 457

of IPC being triable by Magistrate 1st Class, the court of Ad-hoc Additional Sessions Judge -cum-FTSC, Kendrapara has no jurisdiction to frame charge. This Court is unable to accept such contention. If in a case before it, the Court finds the offence to be triable by the Judicial Magistrate 1st Class, the same does not prohibit the Court exercising higher jurisdiction to frame charge. The said court can frame charge and transmit the record to the concerned Court for trial.

4. In such view of the matter, this Court finds no reason to interfere with the impugned order. The CRLMC is therefore, dismissed.

5. Urgent certified copy of this order be granted on proper application.

                                                                                  (Sashikanta Mishra)
    BHIGAL    Digitally signed by BHIGAL
                                                                                        Judge
              CHANDRA TUDU
    CHANDRA   Date: 2023.05.12 13:19:13
    TUDU      +05'30'




B.C. Tudu