Fayazuddin Khan @ Badal vs State Of Odisha & Another .... Opp. ...
2024 Latest Caselaw 17027 Ori

Orissa High Court

Fayazuddin Khan @ Badal vs State Of Odisha & Another .... Opp. ... on 22 November, 2024

              IN THE HIGH COURT OF ORISSA AT CUTTACK

                            CRLMC No.3850 of 2024


             Fayazuddin Khan @ Badal              ....     Petitioner
             Khan                                       Mr. Amitav
                                                        Tripathy,
                                                        Advocate



                                      -versus-


             State of Odisha & another            .... Opp. Parties
                                                     Mr.Siba
                                                     Narayan
                                                     Biswal, ASC


         CORAM:
              JUSTICE SIBO SANKAR MISHRA


Order                                 ORDER
 No.                                22.11.2024
 02.
        1.

Heard.

2. At the instance of the opposite party Nos.2 & 3, the F.I.R. in connection with Nayagarh P.S. Case No.60 of 2022 corresponding to T.R. Case No.135 of 2022 came to be registered against the petitioner for the offence punishable under Sections 363 of the IPC pending in the Court of learned Additional Sessions Judge-cum-Special Court under POCSO Act, Nayagarh.

3. The allegation against the petitioner is that, the opposite party No.2 lodged a written report before the police on 10.05.2022 alleging that on 09.05.2022, the present petitioner kidnapped her daughter. It is further alleged that, her daughter had taken gold ornaments along with cash of Rs.8,000/- from her house. Hence, the F.I.R.

4. The petitioner and the opposite party Nos.2 & 3 are present in the Court today and they are being represented by their respective counsel and being identified by them. They have also filed the photocopies of their self-attested Aadhaar Cards to establish their identity, which are taken on record.

5. The petitioner has filed the present petition seeking quashing of the F.I.R. in connection with Nayagarh P.S. Case No.60 of 2022 corresponding to T.R. Case No.135 of 2022 pending in the Court of learned Additional Sessions Judge-cum-Special Court under POCSO Act, Nayagarh.

6. Mr. Tripathy, learned counsel for the petitioner submits that the petitioner has already married with the opposite party No.3 and they are living happily. Therefore, the opposite party No.3 and the opposite party No.2, who is the informant of the present case, join with the petitioner praying for quashing of the present F.I.R.

7. Mr. Biswal, learned Additional Standing Counsel for the opposite party No.1-State, relying upon the judgment of the Hon'ble Supreme Court in the case of Ramji Lal Bairwa & Another vs. State of Rajasthan & others, reported in Criminal Appeal No.3403 of 2023, has contended that in view of the judgment of the Hon'ble Supreme Court, quashing of the criminal prosecution,

where the special statute like the POCSO Act is involved, is forbidden by the Court. He seeks one week time to place on record the statement of the victim under Section 161 of the Cr. P.C.

8. List this matter on 03.12.2024.

9. The personal appearance of the petitioner and the opposite party Nos.2 and 3 are exempted on the next date of hearing.

(S.S. Mishra) Judge Subhasis

Designation: Personal Assistant

Location: High Court of Orissa, Cuttack. Date: 25-Nov-2024 17:06:45