Sachidananda Sahu v. State of Odisha
Criminal Miscellaneous (Section 482 Cr.P.C.) – quashing of cognizance
Case brief
What is this about?
CRLMC No. 232 of 2026, High Court of Orissa at Cuttack, decided 21.01.2026 by Dr. Justice Sanjeeb K Panigrahi. Petition under Section 482 Cr.P.C. to quash cognizance order dated 18.05.2024 of the Sessions Judge-cum-Special Judge, Bargarh in C.T. No.41 of 2024 arising out of Bargarh Rural P.S. Case No.109 of 2023. Allegations of attempt to commit rape (Sections 375/376 IPC); rape allegation not in FIR but in victim's Section 161 Cr.P.C. statement; victim refused medical examination. Court held factual issues require trial, application untenable, liberty to raise grievances at charge-framing; CRLMC dismissed. No precedent cited.
What did the court decide?
The factual issues raised (rape allegation absent from FIR but present in the Section 161 Cr.P.C. statement; victim's refusal of medical examination) cannot be ascertained at this stage without a thorough trial; accordingly the application under Section 482 Cr.P.C. is untenable.