Orissa High Court
Manoj Kumar Moharana vs ) State Of Odisha ..... Opposite Parties on 25 September, 2025
Author: Aditya Kumar Mohapatra
Bench: Aditya Kumar Mohapatra
IN THE HIGH COURT OF ORISSA AT CUTTACK
CRLMC No.3920 of 2025
Manoj Kumar Moharana ..... Petitioner
Represented By Adv. -
Mr. Milan Kanungo,
Senior Advocate along
with
Mr. Sidhartha Das,
Advocate
-versus-
1) State of Odisha ..... Opposite Parties
2) Victim (Informant) Represented By Adv. -
Ms. Babita Kumari
Sahu, AGA
CORAM:
THE HON'BLE MR. JUSTICE ADITYA KUMAR MOHAPATRA
ORDER
25.09.2025
Order No.
CRLMC No.3920 of 2025 & I.A. No.2730 of 2025
01. 1. This matter is taken up through Hybrid Arrangement
(Virtual /Physical Mode).
2. Heard Mr. Milan Kanungo, learned Senior Counsel
appearing for the Petitioner. Perused the application as well as
the prayer made therein.
3. By filing the present application under Section 528 of
BNSS which corresponds to Section 482 of Cr.P.C., the
Petitioner seeks to invoke the inherent jurisdiction of this Court
to quash the entire criminal proceeding arises out of Chhend
P.S. Case No.156 of 2025, which corresponding to G.R. Case
No.1729 of 2025, now pending in the court of learned S.D.J.M.,
Rourkela.
4. Mr. Milan Kanungo, learned counsel for the Petitioner, at
the outset, contended that even accepting the allegation made in
the F.I.R. to be true for the sake of argument, no case is made
out against the present Petitioner. In the aforesaid context,
learned counsel for the Petitioner referred the judgments of the
Hon'ble Supreme Court in Jaspal Singh Kaural v. State of
NCT of Delhi and Another, reported in (2025) 5 SCC 756, and
in Jothiragawan v. State Rep. by the Inspector of Police and
Another, reported in 2025 SCC OnLine SC 628. In view of the
aforesaid position, this Court is of the view that the matter
requires further consideration in presence of the Victim-
Opposite Party No.2.
5. Accordingly, issue notice to the Opposite Parties.
6. Since Ms. Babita Kumari Sahu, learned Additional
Government Advocate accepts notice on behalf of the Opposite
Party No.1, an extra copy of the CRLMC application be served
on her within a week hence.
7. Requisites for issuance of notice to the Opposite Party
No.2 by registered post/speed post with A.D. be filed within a
week hence. Petitioner shall take steps for issuance of notice to
the Opposite Party No.2 in her present and permanent address.
8. List this case in the week commencing 10th November,
2025.
9. In the meantime, learned counsel for the State shall obtain
the case diary as well as the statement of the victim recorded
under Section 183 of BNSS, 2023 as well as the Medical
Examination Report, if any.
10. As an interim measure, it is directed that no coercive
action shall be taken against the Petitioner in connection with
Chhend P.S. Case No.156 of 2025, corresponding to G.R. Case
No.1729 of 2025, pending in the court of learned S.D.J.M.,
Rourkela, till the next date subject to the condition that the
Petitioner shall cooperate with the investigation and shall appear
before the I.O. as and when his presence is required by the I.O.
for the purpose of investigation; and shall not
harass/threaten/terrorize the victim and her family members in
any manner whatsoever.
( A.K. Mohapatra)
Judge
Debasis
