p. 1 IN THE HIGH COURT OF ORISSA AT CUTTACK CRLMP No. 973 of 2025 Padala Srinivasa Rao …. Petitioner Mr. Satrughna Dash (A), Advocate -versus- State of Odisha and others …. Opposite Parties Mr. Ashok Kumar Apat, Additional Government Advocate CORAM: THE HON’BLE MISS JUSTICE SAVITRI RATHO Order No. ORDER 02.02.2026 07. (Through hybrid mode) 1. Noting in the cause list indicates additional affidavit has been received from the learned counsel for the Petitioner, which is at Flag-10. Perusal of the document reveals that it is a list of documents enclosing the copies of the documents and not an affidavit. Therefore, the Dealing Assistant should be careful while preparing the office note. 2. Perused the report dated 09.01.2026 of the learned District Judge, Gajapati, Paralakhemundi. In the report it is reported that in 1CC Case No.04 of 2021 summons had been issued against twelve accused persons through registered post and was returned from eleven persons except Radha Sabar with the endorsement “the accused persons refused to receive the summons” for which NBWs have been issued against these eleven persons. As NBWs were not executed in spite of repeated reminders, processes under Sections 82/83 of Cr.P.C has been issued simultaneously against these p. 2 accused persons on 29.11.2023. On 29.03.2024, summons issued to accused Radha Sabar also returned with endorsement “addressee refused and hence returned to sender” for which NBW(A) was also issued against her. On 24.06.2024 as the NBW(A) has not been executed against her despite repeated reminders, process under Sections 82/83 Cr.P.C. has also been issued against her. In spite of repeated reminders to the Police Station through the S.P., Gajapati, the NBWs and processes were not executed. So on 17.02.2025 learned GN-Cum-JMFC, Kashinagar has placed the case record in dormant file under Rule 326(c) of GR & CO (Criminal) Vol.-1. On 03.08.2025, accused Surendra Sabar was produced on execution of NBW and released on bail on 04.08.2025 and the original case record was received on requisition on 11.08.2025 and the case was posted on 29.01.2026 for production of the accused persons. The learned District Judge has also stated that proper procedure has not been followed by the learned Magistrate and she has not recorded the evidence of the witnesses for the prosecution under Section 299 of the Cr.P.C. as she has issued processes under Sections 82/83 of the Cr.P.C. simultaneously without assigning any reason for her satisfaction as contemplated in proviso to Section 83 of Cr.P.C. It is a complaint case but case has been sent to dormant file following procedure under Section 326(a) of the GR & CO (Crl.) Vol.1 meant for police cases. 3. 3. From the report it appears that NBWs issued against eleven accused persons are pending for execution. In spite of NBWs being issued against them, they are moving about freely. Hence, before deciding the procedure which should have been followed by the learned Magistrate before issuing process under Section 83 of p. 3 Cr.P.C., it is directed that the Opposite Party No.2-Superintendent of Police, Gajapati and Opposite Party No.3-Inspector in-charge, Kashinagar P.S. (erroneously typed as Kahinagar P.S.) shall file an affidavit regarding steps taken for execution of NBWs against Opposite Party Nos.4 to 15 (except Opposite Party No.7 Surendra Sabar). This is because, in spite of reminders to the IIC, Kashinagar P.S. and reminder sent to the IIC through the SP, *Gajapati, the NBWs have not been executed against the above named accused persons. 4. List this case on 17.02.2026. (Savitri Ratho) Judge RKS * Corrected vide Order No.08 dated 17.02.2026 Sd/- (Savitri Ratho) Judge Designation: Senior Stenographer