Extracted from the PDF above. The PDF is authoritative.
p. 1 IN THE HIGH COURT OF ORISSA AT CUTTACK
CRLREV No.53 of 2026
1. Sajit Kumar Lenka
2. Amareswar Lenka
3. Sabitri Rani Lenka … Petitioners Mr. D. K. Mishra, Advocate
-versus-
1. State of Odisha
2. Rajashree Behera @ Lenka …. Opposite Parties Mr. C. R. Swain, AGA
CORAM: JUSTICE V. NARASINGH
Order No.
ORDER 13.02.2026
03.
1. Heard learned counsel for the Petitioner and
learned counsel for the State.
2. Assailing the
order of cognizance dated 14.07.2025 passed by the learned Presiding Officer-cum- Spl. Court under SC & ST (PoA) Act, Cuttack in CT. Case No.124/2024, the present criminal revision has been filed.
3. It is submitted by the learned counsel for the Petitioners that even if the prosecution case and the statement of the complainant are accepted at its face value, no prima facie case more particularly under the Special Act is made out.
4. It is also submitted that the ingredients are conspicuous by their absence for maintaining an p. 2 accusation under the Special Act inasmuch as it is submitted with vehemence that the alleged institution relating to caste, was made within the four walls of the house.
5. On close scrutiny of the statement of the complainant, this Court is not persuaded to accept such submission. Since, the Petitioners would be prejudiced the same, is not extracted here.
6. Accordingly, this Court is not inclined to entertain this criminal revision since in the considered view of this Court, the order of cognizance does not suffer from any infirmity considered on the touchstone of the judgment of the Apex Court in the case of State of Haryana vrs. Bhajan Lal, 1992 Supp (1) SCC 335.
7. It is needless to state that it shall be open for the Petitioner to canvas all grounds available in accordance with law, the time of framing of charge which shall be considered independently without being influenced by the observations made herein which was only for the limited purpose of considering the order taking cognizance of the offences.
8. Accordingly, this criminal revision stands disposed of.
(V. NARASINGH)
Judge
Jina