IN THE HIGH COURT OF ORISSA AT CUTTACK CRLMC No. 2128 of 2026 Subash Nayak ..…... Petitioner (s) Mr. Rakesh Kumar Routray, Adv. -Versus- State of Odisha & Anr. ……. Opposite Party(s) Mr. Raj Bhusan Dash, Adv. CORAM: DR. JUSTICE SANJEEB K PANIGRAHI ORDER 14.07.2026 Order No. 10. 1. This matter is taken up through hybrid arrangement. 2. Heard. 3. In filing this CRLMC, the Petitioner has prayed for quashing of the criminal proceeding initiated against him in Chauliaganja P.S. Case No.436 of 2025, corresponding to Spl. G.R. No.130 of 2025 pending before the learned Addl. District and Sessions Judge- cum-Special Court under POCSO Act, Cuttack. 4. The brief facts of the case are that the victim/informant lodged an FIR before the Chauliaganj Police Station alleging that the present Petitioner, who was the driver of an auto-rickshaw, sexually Digitally Signed Signed by: LITARAM MURMU Designation: P.A. Reason: Authentication Location: OHC Date: 15-Jul-2026 19:13:43 Signature Not Verified assaulted her inside the said auto-rickshaw and thereafter threatened her with dire consequences. On the basis of the said FIR, the present case was registered. 5. Learned counsel for the Petitioner submits that the allegations levelled against the Petitioner are false, baseless and concocted. He further submits that the Petitioner is no way connected with the alleged offence and has been falsely implicated in this case. 6. Learned counsel for the Petitioner further contends that, as per the FIR, the alleged occurrence took place on 08.08.2025, whereas the FIR was lodged on 17.08.2025, after an unexplained delay of nine days. It is further submitted that the present criminal proceeding has been initiated pursuant to a conspiracy allegedly hatched by the relatives of Opposite Party No.2 with a view to falsely implicate the Petitioner. 7. Having heard learned counsel for the parties and upon perusal of the materials available on record, 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. Accordingly, this Court is not inclined to quash the criminal proceeding initiated against the Petitioner. Consequently, the Digitally Signed Signed by: LITARAM MURMU Designation: P.A. Reason: Authentication Location: OHC Date: 15-Jul-2026 19:13:43 Signature Not Verified present application for quashing of the proceeding stands rejected. 8. Accordingly, the CRLMC is dismissed. 1. 2. ( Dr. Sanjeeb K Panigrahi) Judge Murmu Designation: P.A.