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9. Learned J.M.F.C., Daringibadi vide its order dated 07.10.2023 has rejected the application, inter alia, stating as follows:-

"This case record is again put up as the Ld. Adv. Sri Naresh Kumar Padhy files vakalatnama which is duly executed by the informant of this case Smt. Pratima Bisoi, W/o-Bipra Bisoi of village-Meramaha, P.S.-Bamunigaon, Dist.- Kandhamal along with a petition and the vakalatnama is accepted. The copy of the petition is not served on the other side. Perused the prayer of the complainant and it is seen that the complainant prays on her petition before this Court to give direction to the I.O. of this case to turn the case from U/s- 363/366 IPC to U/s- 363/366/376(2)(n) IPC and R.W. Sec-5/6 of POCSO Act.

10. Since the investigation in the present case was on by then, learned Court below has rightly rejected the prayer of the petitioner. However, subsequently, on 26.11.2023, a detailed charge sheet was filed against the accused for allegedly having committed the offences under Sections- 363/366 IPC.

11. Learned Court below vide order dated 02.12.2023 has taken cognizance of the offences under Sections-363/366 IPC against the accused person, the cognizance order reads as under:

"This case record is put up today on receipt of Charge Sheet vide C.S. No.141, dtd. 26.11.2023 u/s-363/366 IPC from the I.O. against the accused person namely Dillip Patra (24), S/O- Gandhi Patra of village- Meramaha, P.S.- Bamunigaon, Dist.- Kandhamal along with connected documents i.e. C.D.-1 to C.D.- X -11 sheets, S CD-03 sheets, statements recorded u/s- 161 Cr.PC - 11 sheets, CDF-01 sheet, Rescu list-01 sheet, Medico legal report-09 sheets, Command Certificate-01 sheet, Requisition -04 sheets, U/s-65-B I.E. Act-01 sheet, Others-07 sheets. Perused all the connected documents. It appears that there are sufficient materials on record and a prima facie case to proceed against the accused person namely Dillip Patra (24), S/O. Gandhi Patra of village- Meramaha, P.S.- Bamunigaon, Dist.- Kandhamal u/s. 363/366 IPC. Hence cognizance of the offence u/s. 363/366 IPC is taken against the accused person. The accused person is in jail custody. Accordingly issue requisition for the production of the accused persons fixing date 04.12.2023 for his appearance."