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IN THE HIGH COURT OF ORISSA AT CUTTACK
ADITYA KUMAR MOHAPATRA
Narottam Prusty – Appellant
Versus
State Of Odisha – Respondent
| Table of Content |
|---|
| 1. invocation of inherent power to quash order. (Para 1 , 2) |
| 2. observations on procedural compliance and interpretation of the law. (Para 3 , 7 , 8 , 9 , 10 , 11 , 12 , 13 , 14 , 15 , 16 , 17 , 18 , 19) |
| 3. arguments against the procedural adherence in framing charges. (Para 4 , 5 , 6) |
| 4. importance of fair trial and adequate time for defense. (Para 20 , 21 , 22 , 23 , 24 , 25) |
| 5. principles for assessing fair hearing and trial. (Para 26 , 27) |
| 6. procedures to be followed in pocso cases. (Para 28 , 29 , 30 , 31 , 32 , 33) |
| 7. disposal of crlmc petition. (Para 34) |
JUDGMENT :
1. By filing the present CRLMC application under section 528 B.N.S.S., 2023, the Petitioner seeks to invoke the inherent power of this Court to quash the impugned order dated 14.02.2025 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 section 65(2) of B.N.S., 2023 read with Section 6 of POCSO Act.
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 wit
The court held that failure to give the accused an opportunity to file for discharge before framing charges violates the right to a fair trial under Article 21.
The judiciary must uphold statutory safeguards in charge framing, ensuring independent judicial reasoning and preserving defendants' rights under Articles 14 and 21 of the Constitution.
The court established that the determination of age and the validity of evidence must be assessed during the trial, not at the discharge stage.
Discharge of accused – At the stage of considering application for discharge court must proceed on assumption that material which has been brought on record by prosecution is true – Defence of accuse....
Non-compliance with mandatory document supply under Section 230 B.N.S.S. constitutes a violation of the right to fair trial, rendering the charge framed by the trial court void.
Court has not entered into merits of the charge so framed at this stage. It is for the learned Sessions Judge to frame charge on the basis of charge sheet papers after following provisions of section....
Defective investigation does not preclude prosecution; an accused cannot be discharged solely on this ground if sufficient evidence exists against them.
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