Petition under Section 482 CrPC seeking quashal of custody/kidnapping proceedings. Court rejected quashal as offence is against guardianship despite compromise, but allowed all trial issues to be raised.
Petition dismissed; liberty to raise all questions at trial; direction to trial court to dispose within three months.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF ORISSA AT CUTTACK
CRLMC No.448 of 2020
Rabinarayan Nanda & another
…. Petitioners
-versus-
State of Odisha & another
…. Opposite Parties
CORAM:JUSTICE S.PUJAHARI
ORDER
Order No.
22.09.2021
been filed by the Petitioners with a prayer to quash the proceeding initiated against the Petitioner No.1 in Angul P.S. Case No.205 of 2017, corresponding to Special (POCSO) Case No.31 of 2017 in the file of learned A.D.J.-Cum-Special Judge, Angul which has been presently pending before the learned S.D.J.M., Angul, as no offence trible by the Special Court was made out.
Page 1 of 2
// 2 //
kidnapping is an offence against guardianship. In such premises, I am not inclined to entertain the prayer made. However, giving liberty to the Petitioners to raise all the questions at the stage of trial, this Court disposes of this petition with a further direction to the court concerned to dispose of the case at an early date, preferably within three months hence, if there is no other legal impediment, addressing the contentions made.
5. Urgent certified copy of this order be granted on
RKS
proper application.
(S.Pujahari)
Judge
Page 2 of 2
1 issue framed by the court
Whether to quash criminal proceedings for kidnapping initiated under the POCSO Act despite a compromise between the parties.
1 provisions across 1 enactments
Rabinarayan Nanda
another
State of Odisha
another
S. Pujahari
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
