JAYANTA KUMAR DASH Vs. STATE OF ORISSA

JUDGEMENT

(1.) Instant petition under Sec. 482 Cr.P.C. is at the behest of the petitioner challenging the criminal proceeding in connection with CT(S) No.94 of 2018 and its continuance before the court of learned Sessions Judge, Dhenkanal on the grounds inter alia that the FIR and other materials on record do not make out a prima facie case against him and particularly with respect to an offence punishable under Sec. 376(2)(n) IPC for which he has been charged with besides Sec. 328 and 506 IPC and Ss. 66-E and 67-A IT Act 2000 which is, therefore, to be quashed in exercise of the Court's inherent jurisdiction.

(2.) The FIR was lodged by the informant on 4/3/2018 alleging therein the mischief committed by the petitioner as against the victim daughter. In fact, the events and circumstances leading to the lodging of the FIR (Annexure-1) have been described therein by the informant mother. Later to the FIR lodged and on completion of investigation, a chargesheet under the alleged offences was submitted against the petitioner, consequent upon which, charge was framed and trial started. Later to the commencement of trial, referring to the evidence of the victim and other materials with subsequent developments, the entire proceeding pending before the learned Sessions court has been challenged by the petitioner demanding that it is needed to be quashed in the interest of the justice.

(3.) Heard Mr. Panda, learned counsel for the petitioner, Mr. Mohapatra, learned counsel for the State besides Mr. Behera, learned counsel for the party No.2.