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THE HIGH COURT OF ORISSA AT CUTTACK
SIBO SANKAR MISHRA
Karunakar Mishra – Appellant
Versus
State of Odisha – Respondent
JUDGMENT :
S.S. Mishra, J.
1. The petitioners have filed the present application under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) praying for quashing of the Final Form/Report filed under Section 173 Cr.P.C (corresponding Section 193 of BNSS 2023) dated 14.07.2022, in C.T. Case No.630 of 2021 arising out of Balasore Town P.S. Case No.0176 of 2021 for the offences under Sections 294/354A/ 506 read with Section 34 of the Indian Penal Code, 1860 (corresponding to Sections 296, 75, 351(2)/(3) read with Section 3(5) of the Bharatiya Nyaya Sanhita, 2023), pending in the Court of the learned S.D.J.M., Balasore.
2. The prosecution case originates from an F.I.R. dated 16.08.2021 lodged by the informant namely Rebati Nayak, an ex-employee of Suryoday Small Finance Bank Ltd., Balasore Branch, alleging that she was abused, sexually harassed, and threatened by her former colleagues upon seeking clearance after resignation. The allegations stem from the events purportedly occurred in connection with her resignation and demand for a clearance certificate from the Bank. Based on her complaint, the police registered the present case and, upon investigation, submitted the Charg
The court quashed the charge sheet as the allegations of sexual harassment were found to be vague and lacking corroborative evidence, indicating a misuse of the criminal process.
The court emphasized that the power under Section 482 Cr.P.C. should be sparingly exercised and that the court should not interfere with the investigation unless no cognizable offence is disclosed. I....
The main legal point established is the power of the High Court to quash criminal proceedings under Section 482 of the CrPC if they are manifestly frivolous or vexatious, and if instituted with an ul....
Vague allegations of harassment do not constitute a prima facie case for prosecution under IPC Sections 354-A and 354-D, especially when supported by exonerating enquiry findings.
The court has the power to quash criminal proceedings if they are manifestly attended with malafide and maliciously instituted with an ulterior motive, as established in 'Ashoo Surendranath Tewari v.....
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