IN THE HIGH COURT OF ORISSA AT CUTTACK CRLMC No. 1056 of 2025 Application under Article 226 and 227 of the Constitution of India.

--------------

Pramod Kum ar Singh ….. Petitioner -versus-

State of Odisha ….. Opposite Party For Petitioners : Mr. Jayakrishna Mahapatra, Advocate For Opp. Parties : Mr. S. J. Mohanty, A.S.C.

--------------------------------------------------------------------------------

CORAM:

JUSTICE SAVITRI RATHO HON’BLE MISS

JUDGMENT

15.05.2025 Savitri Ratho, J. This CRLMC has been filed with the following prayer :-

“It is therefore prayed that this Hon'ble Court may graciously be pleased to quash the proceeding of C.T. Case No.914 of 2024 corresponding to S.T. Case N o.58 of 2024 pending in the court of learned Addl. Sessions Judge , Rairangpur in the District of Mayurbhanj and pass such other order /orders as would be deemed fit and proper ;

And for this act of kindness, the petitioner as in duty bound shall ever pray.”

2. Mr. Mohapatra, learned counsel for the petitioner submitted that the proceedings against the petitioner are liable to be quashed as the victim was a major and in a consensual relationship with the petitioner and they were not married. He has further submitted that since preliminary charge sheet dated 14.11.2024 had been submitted against the petitioner him under Section 498A, 313, 34 of the Indian Penal Code ( in short “the IPC”) keeping investigation open for taking further action , unless the further proceedings in the case are stayed till submission of final chargesheet and trial commences, the petitioner will be prejudiced as will not be able to take benefit of any material which may be submitted by the police in the final chargesheet. Referring to Section 193(8) of the Bharatiya Nagarik Surakshya Sanhita (in short “BNSS”), he submits that the said provision does not permit further investigation.

3. Mr. S. J. Mohanty, learned Addl. Standing Counsel submitted that on the basis of materials found during investigation against the petitioner, the police has submitted charge sheet against the petitioner under Section 498A, 313 of the IPC and have kept investigation open. He has submitted that although it is unlikely but in case any matter subsequently found to be in favour of the petitioner, the same can be urged by the petitioner at the time of the trial but merely because preliminary charge sheet has been filed in this case keeping investigation open, the proceedings against the petitioner trial can not be kept pending. He has also submitted that the contention that the proceedings in C.T. case No. 914 of 2024 corresponding to S.T. Case No. 58 of 2024 are liable to be quashed as the offence under Section 498A, 313 of the IPC are not made out against the petitioner as he has neither married the victim nor aborted her pregnancy and a false allegations have been made against him by the victim who was in a consensual relationship with him cannot be gone into at this stage and can be raised by the petitioner before the learned trial court as the case has already been committed .

4. Perused the FIR and charge sheet which have been annexed to this application. FIR had been registered against the petitioner and his sister Sukanti Singh on 14.08.2024 under Section 498 A, 313 /34 IPC. Preliminary charge sheet dated 14.11.2024 has been submitted under Sections - 498 A, 313 / 34 IPC. against the petitioner stating that a prima facie case is made out against the petitioner and keeping investigation open under Section – 193 ( 8 )

of the BNSS for taking further action as the joint marriage photograph had not been seized and the witnesses present at Udala who subsided the dispute had not been examined . So the submission of the petitioner that the police may find materials in support of the innocence of the petitioner is fantastic and liable for rejection .On the other hand, the materials which may be found during investigation will only strengthen the case of the prosecution against the petitioner.

6. Section– 193(9