Amulya Nayak v. State of Odisha
CRIMINAL LAW – Miscellaneous petition (CRLMP) – Plenary jurisdiction of High Court
Case brief
What is this about?
High Court of Orissa at Cuttack; CRLMP No. 307 of 2024; Amulya Nayak v. State of Odisha and others; Justice V. Narasingh; order dated 04.04.2024. Petition sought fresh investigation of G.R. Case No1042 of 2022, charge sheet against Opp. Party No. 5 (Udaya Parida @Kanha) under section 354 IPC and Section 11 POCSO Act, and impleadment/prosecution by SDJM, Kendrapara U/s 11(i) POCSO Act, 2012. Court declined to entertain the CRLMP in exercise of its plenary jurisdiction, granted liberty to pursue redress under Cr.P.C., and disposed of the petition. Keywords: plenary jurisdiction; fresh investigation; POCSO Act 2012 s.11/11(i); IPC s.354; SDJM Kendrapara; Cr.P.C. remedy.
What did the court decide?
None of the prayed-for reliefs (fresh investigation, filing of charge sheet against Opp. Party No. 5, impleadment/prosecution directions) was granted; the only accommodation was liberty to the Petitioner to seek redress through the provisions of the Cr.P.C., and the CRLMP was disposed of.