NAROTTAM PRUSTY Vs. STATE OF ODISHA

JUDGEMENT

(1.) By filing the present CRLMC application under Sec. 528 B.N.S.S., 2023, the Petitioner seeks to invoke the inherent power of this Court to quash the impugned order dtd. 14/2/2025 passed by the learned ADJ-cum-Spl.Judge (POCSO), Jagatsinghpur in Spl. G.R.Case No.14 of 2025 which corresponds to Nuagaon P.S.Case No.39 of 2025 thereby framing charge against the Petitioner under sec. 65(2) of B.N.S., 2023 read with Sec. 6 of POCSO Act.

(2.) Heard learned counsel for the Petitioner as well as the learned Additional Government Advocate. Perused the CRLMC application as well as the prayer made therein.

(3.) Being aggrieved by the procedure adopted by the learned Special Court under the POCSO Act in supplying police papers and framing charge on the very same day without providing an opportunity to the accused-Petitioner to file a discharge application, the Petitioner has approached this Court by filing this application. Since the issue involved in this application is a pure question of applicability of the procedural law to the facts of the case, the present is being taken up for hearing and adjudication of such issue in presence of learned State Counsel.