Babula@Krushna Chandra Behera Vs State of Odisha — Child Sexual Offences (POCSO) | Orissa HC (2026)

Babula@Krushna Chandra Behera Vs State of Odisha — Child Sexual Offences (POCSO) | Orissa HC (2026)

What the court decided

AI extract

Outcome

Liberty to the Petitioner to raise all his contentions at the time of framing of charge by filing an application for discharge, if so advised (counsel undertaking to file it within two weeks); the Opposite Party No. 2 - informant to be given an opportunity of hearing before the application is disposed of; interim order of stay vacated; trial Court expected to proceed without unnecessary adjournments.

Issue for consideration

Whether the order dated 10.05.2021 taking cognizance under Sections 417, 376(2)(n) IPC and Section 6 of the POCSO Act warrants interference, given the Petitioner's contentions that the FIR was lodged belatedly (about six months after the last incident of 08.08.2020), that the relations between the Petitioner and the victim were consensual, and that the victim had attained majority. +1 more

Court's answer

Considering the nature of allegations and the submissions of counsel, but without going into the merits of the contentions of the learned counsel for the parties, the Court disposed of the CRLMC granting liberty to the Petitioner to raise all his contentions at the time of framing of charge by filing an application for discharge, if so advised.

Ratio / Principle

The Opposite Party No. 2 - informant shall be given an opportunity of hearing before the application for discharge is disposed of.

Key takeaways

The interim order of stay passed earlier in this CRLMC stands vacated.ratio¶33
Since the case is of the year 2021, it is expected that the learned trial Court shall proceed with the case without granting unnecessary adjournments.obiter¶32

Detailed headnote1 paragraphs

Cognizance challenge disposed of without adjudicating merits: The High Court of Orissa (Savitri Ratho, J.) disposed of CRLMC No. 3385 of 2022 challenging the order dated 10.05.2021 of the learned Additional Sessions Judge-cum-Special Court (F.T.S.C.), Kendrapara in G.R. Case No. 45 of 2021 taking cognizance of offences under Sections 417, 376(2)(n) of the IPC and Section 6 of the POCSO Act. Without going into the merits of the contentions (belated FIR lodged about six months after the last incident of 08.08.2020; alleged consensual relations between the Petitioner and the victim; the victim's majority), the Court granted the Petitioner liberty to raise all contentions at the time of framing of charge by filing an application for discharge, if so advised, with counsel undertaking to file it within two weeks. The Opposite Party No. 2 - informant is to be given an opportunity of hearing before the discharge application is disposed of. The interim order of stay passed earlier stands vacated, and the trial Court is expected to proceed with the 2021 case without granting unnecessary adjournments.

IN THE HIGH COURT OF ORISSA AT CUTTACK

CRLMC No. 3385 of 2022

Babula @ Krushna Chandra Behera …. Petitioner

Mr. B.S. Das, Advocate

-versus-

State of Odisha …. Opp. Party

Mr. Sarathi Jyoti Mohanty, Additional Standing Counsel Mr. Manish Nag Das, Advocate (for Informant)

CORAM:

HON’BLE MISS JUSTICE SAVITRI RATHO ORDER

Order No.

29.01.2026

(Through hybrid Mode)

This CRLMC has been filed challenging the order dated

10.05.2021 passed by the learned Additional Sessions Judge -cum- Special Court (F.T.S.C.), Kendrapara in G.R. Case No. 45 of 2021, taking cognizance of offences under Sections 417,

376(2)(n) of the IPC and Section 6 of the POCSO Act.

Mr. B.S. Das, learned counsel for the Petitioner submits that the FIR in question has been lodged at a belated stage (about six months from the date of last incident i.e. 08.08.2020). He further submits that a perusal of the statements of the victim recorded under Section 161 of Cr.P.C. as well as the statement

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recorded under Section 164 of Cr.P.C., it would be apparent that the relations between the Petitioner and victim were consensual and she was all along aware that the Petitioner was a married man. He further submits that at the time of lodging of the FIR, she had attained majority and on 08.08.2020 also, she was a major. He also submits that detailed examination of the materials on record collected by the prosecution may be necessary for deciding his contentions, he may be permitted to raise all his contentions at the time of framing of charge.

Mr. Manish Nag Das, learned counsel for the informant

submits that the victim was a minor at the time of first occurrence, for which the Magistrate has rightly taken cognizance of the offences under Sections 417, 376(2)(n) of the IPC and Section 6 of the POCSO Act and no interference by this Court is warranted. He further submits that if the Petitioner files an application for discharge, the Opposite Party No.2-informant should also be heard.

Considering the nature of allegations against the Petitioner

and the submissions of the learned counsel, but without going

into the merits of the contentions of the learned counsel for the parties, the CRLMC is disposed of granting liberty to the

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Petitioner to raise all his contentions at the time of framing of

charge by filing an application for discharge, if so advised.

It is needless to say that the Opposite Party No. 2 - informant shall be given an opportunity of hearing before the application is disposed of.

Mr. Das, learned counsel for the Petitioner undertakes that

the application for discharge shall be filed within a period of two weeks from today.

Since the case is of the year 2021, it is expected that the

learned trial Court shall proceed with the case without granting unnecessary adjournments.

Interim order of stay passed earlier stands vacated.

Urgent certified copy of this order be granted on proper

application.

(Savitri Ratho) Judge

Sukanta

Signature Not Verified

Digitally Signed Signed by: SUKANTA KUMAR BEHERA Designation: Senior Stenographer Reason: Authentication Location: Orissa High Court, Cuttack Date: 30-Jan-2026 11:00:39

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