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IN THE HIGH COURT OF ORISSA AT CUTTACK
R.K. PATTANAIK
Ranjit Kumar Das @ Ranjeet Kumar Das – Appellant
Versus
State of Orissa – Respondent
| Table of Content |
|---|
| 1. revision petition challenging discharge order. (Para 1 , 2 , 4) |
| 2. arguments regarding premise of delay in lodging fir. (Para 5 , 6 , 10) |
| 3. court's analysis of false promise in rape allegations. (Para 7 , 8 , 9 , 11 , 12) |
| 4. need for reconsideration of discharge application. (Para 13) |
| 5. final order for reconsideration of lower court decision. (Para 14 , 15 , 16) |
ORDER :
R.K. Pattanaik, J.
1. Heard learned counsel for the respective parties.
2. Instant revision is filed by the petitioner challenging the impugned order at Annexure-5 dated 10th November, 2025 passed in connection with C.T. Case No.245 of 2025 by the learned Sessions Judge, Khurda at Bhubaneswar, whereby, an application under Section 250 BNSS moved by him seeking discharge from the offence under Section 64(2)(m) BNS was rejected on the grounds inter alia that such a decision is against the weight of evidence on record and not in accordance with the settled position of law.
3. Perused the FIR at Annexure-1 and a copy of the chargesheet i.e. Annexure-2 series filed along with the relevant documents.
4. Opposite party No.2 is the victim, who lodged the FIR i.e. Annexure-1 and as a result, Mahila P.S Case No.39
The court emphasized that at the charge-framing stage, all materials must be thoroughly examined to determine if a prima facie case exists, rather than merely accepting the chargesheet.
The court determined that a consensual relationship based on a promise of marriage does not constitute rape unless there is clear evidence of deceit or misconception, leading to the discharge of the ....
The court determined that allegations involving false promise of marriage and deceit necessitate a trial, given the complexities of consent in a long-term relationship.
The inherent powers of the court can quash criminal proceedings when the victim expresses no desire to proceed, especially following reconciliation and marriage, despite serious charges under IPC.
FIR registered under wrong law can be quashed but complaint can be retained and filed afresh under right law.
(1) Accused can be convicted for rape only if court reaches conclusion that intention of accused was mala fide and that he had clandestine motives.(2) Discharge from criminal case – While dealing wit....
Long-term consensual relationships can negate claims of false promise of marriage unless clear evidence of bad faith is presented.
The court established that the sufficiency of evidence is crucial for proceeding with a trial, and legislative ambiguities regarding discharge applications need clarification.
Prolonged consensual relationships do not constitute rape due to non-fulfillment of marriage promises unless coercion is evident; criminal proceedings are misused if initiated post-breakup.
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