Citation : 2025 Latest Caselaw 8258 Ori
Judgement Date : 15 September, 2025
IN THE HIGH COURT OF ORISSA AT CUTTACK
CRLA No.1060 of 2025
Informant ..... Appellant
Mr. Sougat Dash,
Advocate
-versus-
1. State of Odisha
2. Rajesh Pattnaik @
Bapi
3. Rajat Bhoi @ Kalu
4. Sunil Pani @ Geda ..... Respondents
Mr. Jateswar Nayak,
Addl. Govt. Advocate
CORAM:
THE HON'BLE MR. JUSTICE S.K. SAHOO
THE HON'BLE MR. JUSTICE SIBO SANKAR MISHRA
ORDER
Order No. 15.09.2025
08. This matter is taken up through Hybrid
arrangement (video conferencing/physical mode).
Heard Mr. Sougat Dash, learned counsel for the appellant and Mr. Jateswar Nayak, learned Addl. Government Advocate for the State.
This criminal appeal has been filed by the informant
Designation: Senior Stenographer Reason: Authentication Location: HIGH COURT OF ORISSA, CUTTACK Date: 16-Sep-2025 10:52:11 in Govindpur P.S. Case No.16 dated 14.02.2018, challenging the judgment and order dated 21.11.2023
passed by the learned Adhoc Addl. Sessions Judge -cum- Fast Track Special Court under POCSO Act, Cuttack in Spl. G.R. Case No.22 of 2018 in acquitting the respondent nos.2 & 4 of the charges under sections 364/376-D/302/201/34 of the IPC, section 6 of the POCSO Act and section 3(2)(v) of the SC & ST (PoA) Act and respondent no.3 of the charges under sections 364/376-D/302/201/34 of the IPC and section 6 of the POCSO.
It appears that charges were framed against respondent nos.2 & 4 for the offences under sections 364/376-D/302/201/34 of the IPC, section 6 of the POCSO Act and section 3(2)(v) of the SC & ST (PoA) Act and for the offences under sections 364/376- D/302/201/34 of the IPC and section 6 of the POCSO Act against respondent no.3.
Let the learned counsel for the State obtain instruction as to whether there is any proposal with the State to challenge the impugned judgment.
Heard.
Admit.
Call for the trial Court records. Issue bailable warrant of arrest against respondent nos.2 Rajesh Pattnaik @ Bapi, respondent no.3 Rajat Bhoi @ Kalu & respondent no.4 Sunil Pani @ Geda under section 431 of BNSS (corresponding to 390 Cr.P.C.) and the Inspector in-charge of Govindpur police station shall
execute the warrant issued and produce them before the learned trial Court, who shall release them on bail on such terms and conditions as would be deemed fit and proper by the learned trial Court with an undertaking that they shall take steps in appearing before this Court in this criminal appeal either in person or through their counsel on the date fixed i.e. on 15.10.2025.
Accordingly, list this matter on 15.10.2025. A copy of this order be sent to the learned trial Court by the learned Registrar (Judicial) of this Court through e-mail forthwith.
The learned trial Court shall submit a report regarding appearance of respondent nos.2, 3 & 4 through e-mail.
A free copy of the order be handed over to the learned counsel for the State for compliance.
Instruction be obtained in the meantime.
( S.K. Sahoo) Judge
( S. S. Mishra) Judge Sipun
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