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2024 DAILYLAW 237 (ORI)

BASANT KUMAR SAHOO v. AMITABH DAS

CMP/586/2024 · 2026-01-09

Sashikanta Mishra

body2024

Judgment text

Extracted from the PDF above. The PDF is authoritative.

IN THE HIGH COURT OF ORISSA AT CUTTACK CMP No.586 of 2024 CORAM: JUSTICE SASHIKANTA MISHRA ORDER 09.01.2026 1. This matter is taken up through hybrid mode. 2. Perusal of the affidavit filed by the I.I.C., Bhadrak Rural Police Station pursuant to order passed by this Court reveals that according to him the previous I.I.C., Mr. Amitabh Das had taken necessary steps to comply with the order of the Court and therefore, no inaction can be attributed. 3. Mr. Rao, learned Senior Counsel vehemently opposes the contents of the affidavit by submitting that the same does not throw light as to whether the order of this Court directing rendering of Police Assistance was actually complied with or not. 4. Mr. Behera, learned Additional Government Advocate fairly submits that this matter requires further examination. 5. Since factual aspects are involved, this Court sitting in a writ application would not be inclined to enter into the same. Basant Kumar Sahoo .… Petitioner Represented by Mr. S.S. Rao, Sr. Advocate with Mr. B.K. Nayak, Advocate -Versus- Sri Amitabh Das, I.I.C., Bhadrak (R) & Another .… Opp. Parties Represented by Mr. S. Behera, Additional Government Advocate Order No. 09. . 6. The writ application is therefore, disposed of by setting aside the impugned order passed by the Court below on 27.02.2024 with direction to hear the petition filed by the plaintiff afresh. The plaintiff shall file a copy of the affidavit filed by the I.I.C., Bhadrak before this Court on 14.11.2025. The IIC shall submit a further show cause before the Court below regarding the allegation of non-compliance of the order passed by the said Court. On such show cause being filed, the Court below shall conduct necessary inquiry and proceed in the matter to pass the order afresh. (Sashikanta Mishra) Judge Puspanjali Location: High Court of Orissa, Cuttack.