Subash Nayak v. State of Odisha
Case brief
What is this about?
Orissa High Court, Cuttack; CRLMC No. 2128 of 2026; decided 14.07.2026; Dr. Justice Sanjeeb K Panigrahi; quashing of criminal proceeding refused; Section 482 Cr.P.C. inherent jurisdiction; disputed questions of fact not amenable to quashing, to be decided at trial; Chauliaganja P.S. Case No.436 of 2025; Spl. G.R. No.130 of 2025; Special Court under POCSO Act, Cuttack; FIR alleging sexual assault by auto-rickshaw driver inside vehicle followed by threats; nine-day delay in lodging FIR (occurrence 08.08.2025, FIR 17.08.2025); alleged conspiracy and false implication by relatives of Opposite Party No.2; CRLMC dismissed; petitioner Subash Nayak; counsel Rakesh Kumar Routray (petitioner), Raj Bhusan Dash (opposite parties).
What did the court decide?
This Court finds that the present case is embroiled in disputed questions of fact, which cannot be appropriately adjudicated in exercise of its inherent jurisdiction under Section 482 of the Cr.P.C.; such factual controversies are matters to be decided on the basis of evidence during trial.