Pintu Mallick v. State of Odisha
Case brief
What is this about?
Discharge application under Section 250 BNSS rejected; criminal revision against order at charge-framing stage; offences under Sections 137(2)/87/64(2)(m)/65(1) BNS read with Section 6 POCSO Act; Erasama P.S. Case No.440 dated 11.10.2024; Special G.R. Case No. 109 of 2024, Jagatsinghpur; victim statement under Section 183 BNSS versus medical report contradictions (defence submission); co-accused not cited in charge sheet (defence submission); scope of challenge to framing-of-charge orders; State of Orissa vrs. Debendra Nath Padhi (2005) 1 SCC 568 relied on; no perversity found; revisional jurisdiction declined; revision disposed of as devoid of merit.
What did the court decide?
The scope of entertaining a challenge to an order passed at the stage of framing of charge is settled and no longer res integra, as laid down by the Apex Court in its larger Bench judgment in State of Orissa vrs. Debendra Nath Padhi, (2005) 1 SCC 568.