Orissa High Court
) Lipu @ Debasis Nayak vs ) State Of Odisha ..... Opposite Parties on 5 August, 2025
Author: Aditya Kumar Mohapatra
Bench: Aditya Kumar Mohapatra
IN THE HIGH COURT OF ORISSA AT CUTTACK
CRLMC No.892 of 2025
1) Lipu @ Debasis Nayak ..... Petitioners
2) Sumanta Nayak Represented By Adv. -
Mr. Jayadeba Behera
-versus-
1) State of Odisha ..... Opposite Parties
2) Santosh Mohapatra Represented By Adv. -
Mr. S.K. Brahma, ASC
CORAM:
THE HON'BLE MR. JUSTICE ADITYA KUMAR MOHAPATRA
ORDER
05.08.2025
Order No.
02. 1. This matter is taken up through Hybrid Arrangement
(Virtual/ Physical Mode).
2. Heard learned counsel for the Petitioners as well as learned
counsel for the State-Opposite Party No.1 and perused the
application as well as the documents annexed thereto.
3. By filing the present application under Section 482 of
Cr.P.C., the accused-Petitioners have approached this Court with a
prayer to quash the criminal proceeding in T.R. Case No.67 of
2024, arising out of G.R. Case No.117 of 2018, pending in the
court of learned Additional District & Sessions Judge-cum-Spl.
Court under POCSO Act, Nayagarh.
4. Learned counsel for the Petitioners, at the outset, contended
that the aforesaid case was registered for alleged commission of
offences punishable under Sections 363/323/343/366/109/34 of
I.P.C. read with Section-12 of the POCSO Act. He further
contended that in the meantime the principal accused participated
in the trial in T.R. No.03 of 2019 and he has been acquitted vide
judgment dated 04.01.2022. In course of argument, he referred to
the judgment dated 04.01.2022 at Annexure-1 to the application.
On perusal of the judgment of the learned trial court, it appears
that the learned trial court has found the accused is not guilty of
the offences as alleged and, accordingly, the accused has been
acquitted under Section 235(1) of Cr.P.C.
5. Learned counsel for the Petitioners, at this juncture,
contended that the Petitioners were implicated in the present
criminal case without any basis and were not aware of this case,
and accordingly, they participated in the trial. However, they have
been shown as absconder in the charge sheet. Recently, the
Petitioners came to know about the aforesaid case while the police
were searching for the Petitioners for execution of the N.B.W.
issued against them. Learned counsel for the Petitioners submitted
that since the Petitioners are not involved in the present crime,
they have approached this Court by filing the present application
for quashing the entire criminal proceeding initiated against them.
6. Learned counsel for the State, on the other hand, opposed
the prayer made in the present application. He further contended
that it appears from the record that the principal accused, who
have faced trial in T.R. No.03 of 2019, has been acquitted vide
judgment dated 04.01.2022. However, such judgment cannot be
the basis to quash the entire criminal proceeding against present
Petitioner, particularly keeping in view the gravity and seriousness
of the allegation made against the accused persons. On such
ground, learned counsel for the State contended that the present
application is devoid of merit and, accordingly, the same should
be dismissed.
7. Having heard the learned counsels appearing for the
respective parties and on a careful examination of the background
facts of the present case, further keeping in view the judgment
dated 04.01.2022 at Annexure-1 and on a close scrutiny of the
depositions of the witnesses, this Court is of the view that the
allegation made in the prosecution case is of serious nature.
Therefore, merely on the basis of the fact that the some of the co-
accused persons including the principal accused have been
acquitted, the Petitioners cannot claim a right for quashing of the
entire criminal case against him.
8. In view of the aforesaid position, this Court deems it proper
to dispose of the application by granting liberty to the Petitioners
to surrender before the court in seisin over the matter and move an
application for bail. In such eventuality, the court in seisin over
the matter shall do well to consider and dispose of the application
of the Petitioner on the same day. Case Diary be made available
to the concerned court. Further, it is directed that while
considering the bail application of the Petitioners, the trial court
shall apply the principle of parity and shall take into consideration
the judgment dated 04.01.2022 under Annexure-1 to the
application and the fact that the Petitioners were earlier released
on police bail, which is evident from the order dated 12.06.2024
passed by the learned Additional Sessions Judge-cum-Spl. Court
under the POCSO Act, Nayagarh.
9. Taking into consideration the fact that the case is of the year
2018, the trial court shall do well to expedite the trial, so far as the
present Petitioners are concerned, and make every endeavour to
conclude the trial as expeditiously as possible. The Petitioners are
directed to cooperate with the trial court for an early conclusion of
the trial.
10. With the aforesaid observation and direction, the CRLMC
stands disposed of.
( A.K. Mohapatra )
Judge
Debasis
Location: ORISSA HIGH COURT, CUTTACK.
