FAYAZUDDIN KHAN Vs. STATE OF ODISHA

JUDGEMENT

(1.) The petitioner has filed the present application under Sec. 528 of the BNSS, 2023 r/w Sec. 482 of the Cr.P.C., 1973, seeking quashing of the criminal proceedings arising out of Nayagarh P.S. Case No. 60 of 2022, corresponding to T.R. Case No. 135 of 2022, pending before the learned Additional Sessions Judge-cum-Special Court under the POCSO Act, Nayagarh.

(2.) The prosecution case originates from an FIR lodged by the informant on 10/5/2022, alleging that on 9/5/2022, the petitioner kidnapped her minor daughter (Opposite Party No.3) and took away gold ornaments and cash of Rs.8,000.00 from their house.

(3.) Based on these allegations, Nayagarh P.S. Case No. 60 of 2022 was registered under Ss. 363/366/376(2)(n) of the Indian Penal Code, 1860 (IPC) read with Sec. 6 of the POCSO Act. Upon completion of the investigation, a charge sheet was filed, and the learned trial court took cognizance of the offences.