PRAMOD KUMAR SINGH Vs. STATE OF ODISHA

JUDGEMENT

(1.) This CRLMC has been filed with the following prayer :-

(2.) Mr. Mohapatra, learned counsel for the petitioner submitted that the proceedings against the petitioner are liable to be quashed as the victim was a major and in a consensual relationship with the petitioner and they were not married. He has further submitted that since preliminary charge sheet dtd. 14/11/2024 had been submitted against the petitioner him under Sec. 498A, 313, 34 of the Indian Penal Code (in short "the IPC") keeping investigation open for taking further action , unless the further proceedings in the case are stayed till submission of final chargesheet and trial commences, the petitioner will be prejudiced as will not be able to take benefit of any material which may be submitted by the police in the final chargesheet. Referring to Sec. 193(8) of the Bharatiya Nagarik Surakshya Sanhita (in short "BNSS"), he submits that the said provision does not permit further investigation.

(3.) Mr. S. J. Mohanty, learned Addl. Standing Counsel submitted that on the basis of materials found during investigation against the petitioner, the police has submitted charge sheet against the petitioner under Sec. 498A, 313 of the IPC and have kept investigation open. He has submitted that although it is unlikely but in case any matter subsequently found to be in favour of the petitioner, the same can be urged by the petitioner at the time of the trial but merely because preliminary charge sheet has been filed in this case keeping investigation open, the proceedings against the petitioner trial can not be kept pending. He has also submitted that the contention that the proceedings in C.T. case No. 914 of 2024 corresponding to S.T. Case No. 58 of 2024 are liable to be quashed as the offence under Sec. 498A, 313 of the IPC are not made out against the petitioner as he has neither married the victim nor aborted her pregnancy and a false allegations have been made against him by the victim who was in a consensual relationship with him cannot be gone into at this stage and can be raised by the petitioner before the learned trial court as the case has already been committed.