Golak Mahankuda vs State Of Odisha And Another .... ...
2024 Latest Caselaw 534 Ori

Orissa High Court

Golak Mahankuda vs State Of Odisha And Another .... ... on 10 January, 2024

                   IN THE HIGH COURT OF ORISSA AT CUTTACK

                                     CRLMC No. 3577 OF 2023

                 Golak Mahankuda                 ....               Petitioner(s)

                                                   Mr. T. K. Mishra, Advocate
                                           -versus-

             State of Odisha and another         ....          Opposite Party(s)
                                                      Mr. B. K. Ragada, AGA



                      CORAM: JUSTICE SIBO SANKAR MISHRA

                                         ORDER

10.01.2024 I.A. No.2494 of 2023 & CRLMC No.3577 of 2023 Order No.

01. 1. Heard learned counsel for the Petitioner and learned counsel for the State.

2. By way of this petition, Petitioner is seeking quashing of the F.I.R. dated 23.11.2018 in Gunupur P.S. Case No.162 of 2018 corresponding to C.T. Case No.61 of 2019 under Sections 417, 493, 294, 506 and 34 of I.P.C. pending in the Court of learned Additional District & Sessions Judge-Special Judge, Gunupur.

3. Mr. Mishra, learned counsel for the Petitioner submits that even if the allegation made in the F.I.R. and the charge-sheet is taken at its face value, no case under Section 376(1) is made out. In view of the judgment of the Hon'ble Supreme Court in the case of Pramod Suryabhan Pawar vs. State of Maharashtra reported in AIR 2019 SC 4010, wherein the Hon'ble Supreme Court has conclusively held that contacting physical relationship with an adult with a promise to get marry will not attract the offence under

Section 376 of I.P.C., if subsequently for any reason the accused wriggled out from the promise of marriage.

4. The charge-sheet dated 24.09.2019 indicates that the Petitioner had been absconding. Mr. Mishra, learned counsel for the Petitioner submits that NBW has been issued against the Petitioner. He seeks quashing of the entire proceedings. The Petitioner has also moved an application being I.A. No.2494 of 2023 seeking interim direction.

5. I am of the considered view that this is not a case of quashment of criminal proceeding in toto. However, the Petitioner may raise all his contentions before the trial Court at appropriate stage. Liberty is granted to do so.

6. Since the Petitioner has not availed any remedy raising his plea for grant of bail rather chose to abscond from the proceeding, no interim order in this petition could be granted, however liberty is granted to the Petitioner to surrender before the Court below and apply for bail. The bail application if moved, shall be dealt with on its merit, as expeditiously as possible.

7. Accordingly, the I.A. is dismissed.

8. List this CRLMC on 29th February, 2024.

(S.S. Mishra) Judge

Swarna

Location: High Court of Orissa