IN THE HIGH COURT OF ORISSA AT CUTTACK CRLMC No.1427 of 2024 Debasis Subudhi …. Petitioner Mr. Bijay Kumar Mohanty, Advocate -versus- State of Odisha & others …. Opp. Parties Ms. Suvalaxmi Devi, ASC CORAM: JUSTICE SIBO SANKAR MISHRA Order No. ORDER 16.01.2026 6. This matter is taken up through Hybrid arrangement (video conferencing/physical mode). The application moved by the petitioner/informant for re-investigation of the case, which has been turned down by the impugned order dated 02.02.2024. By challenging the same, the present petition has been filed. The present petition is arising out of the F.I.R. in connection with C.T. Case No.150 of 2023 corresponding to Laxmisagar P.S. Case No.61 of 2023 registered on the alleged commission of the offence punishable under Sections 279/304-A of the IPC pending in the Court of the learned J.M.F.C.-IV, Bhubaneswar, inter alia, making the following prayer: “Call for the LCR and after hearing the parties the impugned order dated 02.02.2024 under Annexure-4 passed by the learned JMFC-IV, Bhubaneswar in C.T. No.150 of 2023 corresponding to Laxmisagar P.S. Case No.61 of 2023 be quashed/recalled in order to prevent the abuse of process of law and to acquire the ends of justice. And further be pleased to make a direction to the opp. parties for further re-investigation through the IIC, Laxmisagar PS or any superior police officer to progress the new investigation from time to time till completion of the investigation basing upon the cognizable offences u/s. 279/304-A of IPC.” After investigation, the police filed the closure report showing that neither they could ascertain the offending vehicle nor the driver and occupant of the offending vehicle could be traced. However, the petitioner, being the informant, has obtained information from his own sources and detected the offending vehicle bearing Registration No.OD-02-AV-5151 and has also to ascertain the name of the driver and the occupant of the offending vehicle. He moved an application before the learned trial Court pursuant to filing of the Final Report seeking for re- investigation of the case, which has been turned down by the impugned order. Learned counsel for the petitioner submits that he ought to have filed the protest petition instead of moving such application. I am satisfied that the petitioner has a right to file the protest petition after the Final Form was filed by the police. That option was not exercised by the petitioner. Therefore, liberty is granted to the petitioner to file a fresh Subhasis protest petition against the Final/closer Form filed by the police on 31.03.2003. The rejection order passed by the learned trial Court vide impugned order dated 02.02.2024 shall not stand on the way while deciding the protest petition afresh. With the aforementioned observation, the CRLMC is disposed of. (S.S. Mishra) Judge Designation: Personal Assistant Location: High Court of Orissa, Cuttack.