Orissa High Court
Informant/Victim vs State Of Odisha on 4 August, 2025
Author: S.K. Sahoo
Bench: S.K. Sahoo
IN THE HIGH COURT OF ORISSA AT CUTTACK
CRLA No.487 of 2025
Informant/Victim ..... Appellant
Mr. S.S. Ray,
Advocate
-versus-
State of Odisha ..... Respondent
Mr. P.S. Nayak,
Addl. Government Advocate
CORAM:
THE HON'BLE MR. JUSTICE S.K. SAHOO
THE HON'BLE MR. JUSTICE SIBO SANKAR MISHRA
ORDER
Order No.
04.08.2025
03. This matter is taken up through Hybrid arrangement
(video conferencing/physical mode).
As per the order dated 07.05.2025, learned counsel
for the State has obtained written instruction dated
01.07.2025 received from the Superintendent of Police,
Gajapati, wherein it is mentioned that proposal has been
sent to the Director of Public Prosecution, Odisha,
Bhubaneswar for filling of an appeal against the
judgment dated 19.02.2025 vide office letter
no.2342/DCRB-SR dated 13.06.2025.
It is stated at the Bar that the post of Director of
Public Prosecution is lying vacant since 01.07.2025.
Heard Mr. S.S. Ray, learned counsel for the
appellant and Mr. Partha Sarathi Nayak, Addl.
Government Advocate for the State.
Perused the impugned judgment.
It appears that the appellant has challenged the
impugned judgment and order dated 19.02.2025 passed
by the learned Addl. Sessions Judge -cum- Special
Judge, Paralakhemundi, Gajapati in G.R. Case No.01 of
2020 (T.R. No. 51 of 2024) in acquitting the respondent
no.2 of the charges under sections 376(2)(n)/376AB/
506/34 of the Indian Penal Code, section 66-A of the
Information Technology Act and section 6 of the
Protection of Children from Sexual Offences Act so also
respondent no.3 of the charge under section 212/34 of
the Indian Penal Code.
Learned counsel for the appellant submits that in
view of the evidence of P.W.2, the victim, P.W.5, the
informant and mother of the victim and P.W.4, the
Headmaster H.M of Govt. U.P School, Parisala and all the
witnesses have supported the prosecution case, the
learned trial Court should not passed the impugned order
of acquittal.
Heard.
Admit.
Call for the trial Court records.
Issue notice to the respondents.
Learned counsel for the State accepts notice for
respondent no.1.
So far as respondent nos.2 and 3 are concerned,
requisites for issuance of notice by speed post with proof
of delivery shall be filed within a week. The notice shall
be made returnable within four weeks.
Issue warrant of arrest against respondent nos.2
and 3 as per section 390 of Cr.P.C. (Section 431 of
BNSS) indicating therein that on their appearance before
the learned trial Court, they shall be enlarged on bail.
List this matter in the week commencing from 15th
September 2025.
Learned counsel for the State shall apprise this
Court regarding further development made in the
meantime and also regarding filling up of the post of
Director, Public Prosecution, Odisha, Bhubaneswar by the
next date.
( S.K. Sahoo)
Judge
(S. S. Mishra)
Judge
Pravakar
Location: HIGH COURT OF ORISSA, CUTTACK
