At the discharge stage, an accused cannot seek production of documents under Section 91 of Cr.P.C, as the right to produce evidence arises only during the trial phase.

JUDGMENT :

A.K. Mohapatra, J.

1. The present CRLMC application has been filed by the Petitioners with a prayer to quash the impugned order of the ADJ-cum-Special Judge, Bhanjanagar, dated 26.06.2025 under Annexure-7 passed in G.R. Case No. 80/2024 (Special Act) arising out of Tarasing P.S. Case No.0376/2024, for commission of offence punishable under sections 417/ 376(2)n)/ 379/ 506/ 294/ 34 of the I.P.C, 1860 read with sections 3(1)(r)/ 3(1)(s)/ 3(1)(w)/ 3(2)(v)/ 3(2)(va) of the SC&ST (PoA) Act, 1989. A further prayer has also been made to direct the learned trial court to call for Notary Register from the Notary Public, Dasapalla, Sri S.K.Patra, Regd. No.29/99, so as to bring on record the registration of affidavit dated 23.05.2024 allegedly sworn by the informant-victim.

FACTUAL MATRIX OF THE CASE

2. The factual background leading to the filing of the present application as culled out from the FIR and the chargesheet, in short, is that initially the Opposite Party No.2-victim, on 09.12.2024, lodged a complaint that one Sriram Prasad Sahu @ Lipun (i.e. the principal accused), who is the son of the present Petitioners, gradually developed a friendship with the victim. Taking advantage of the friendship, the principal accused Sriram Prasad Sahu entered into the Victim‟s house and while she was fetching water for him, the accused caught hold of the victim from the back and sexually assaulted the victim forcibly without her consent. Thereafter, the accused threatened to kill the victim-Opposite Party No.2 if she divulged the incident to either the police or her husband. It is also pertinent to mention here that the victim is a married woman with two children and, at one point, the husband of the victim had chanced upon the principal accused and the victim while they were lying in a compromised position. The final form also reveals that the aforementioned principal accused has repeatedly committed rape on the victim with the promise to marry her and, in doing so, he has taken cash (around one lakh rupees) and jewellery (gold and silver) from the victim. Later, when the victim contacted the parents of the principal accused, i.e. the present Petitioners, it has been alleged that the present Petitioners have made casteist aspersions on the victim and threatened to oust her from the village.

3. The Final form at Annexure-4, further reveals that at the time of filing of the final form, the principal accused-Sriram Prasad Sahu had not yet been arrested and his medico-legal examination was yet to be conducted. However, the present Petitioners were earlier arrested and had approached this Court in ABLPL No.14596 of 2024 for anticipatory bail. Although this Court did not grant anticipatory bail to the Petitioners, they were directed to surrender before the court below, upon which they were to be released on bail subject to appropriate terms and conditions. Pursuant thereto, the Petitioners surrendered before the learned Special Judge, Bhanjanagar, and were released on bail vide order dated 25.01.2025 under Annexure-3. Subsequently, vide order dated 06.02.2025 in Spl.G.R.80/2024, the learned Special Judge, Bhanjanagar has taken cognizance of the offences as mentioned hereinabove.

4. At present, while the trial court is about to frame the charge and for consideration of their discharge application the Petitioners have moved a petition under section 91 of Cr.P.C (i.e. section 94 of BNSS ) before the learned court in seisin over the matter to