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2019 Supreme(Ori) 197

S.K.SAHOO
Srimati Sabitarani Sarkar – Appellant
Versus
State of Odisha – Respondent


Advocates:
Advocate Appeared:
S.K. Mishra, Adv., Prem Kumar Patnaik, Adv.

JUDGMENT :

S. K. SAHOO, J.

1. This is an application under section 482 of the Code of Criminal Procedure filed by the petitioner Srimati Sabitarani Sarkar praying for quashing the impugned order dated 18.06.2015 passed by the learned S.D.J.M., Malkangiri in G.R. Case No.88 of 2015 which arises out of Malkangiri P.S. Case No.33 of 2015 in taking cognizance of offences under sections 176/34 of the Indian Penal Code read with section 21(2) of the Protection of Children from Sexual Offences Act, 2012 (hereafter 'POCSO Act') and issuance of process against her. The said case is now subjudiced in the Court of learned Addl. Sessions Judge -cum- Special Judge, Malkangiri in C.T. Case No.107 of 2015.

2. The criminal law was set into motion on the presentation of the first information report by one Deba Kabasi before the Inspector in charge of Malkangiri police station wherein it is alleged that on 21.02.2015 the petitioner was the Hostel Superintendent of U.G. Govt. High School, Pedakunda, Malkangiri and she brought the victim to her house and left her in the custody of the informant who is the father of the victim and told him that the victim was pregnant. The victim was prosecuting her studi

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