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2025 DAILYLAW 3582 (ORI)

ROKKAM ANANTA v. STATE OF ODISHA

CRLMP/975/2025 · 2026-02-17

Miss Savitri Ratho

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

p. 1 IN THE HIGH COURT OF ORISSA AT CUTTACK CRLMP No. 975 of 2025 Rokkam Ananta …. Petitioner Mr. Satrughna Dash (A), Advocate -versus- 1. State of Orissa represented through Director General of Police, Cuttack 2. Superintendent of Police, Gajapati 3. Inspector in-Charge, Kahinagar 4. Rama Sabar 5. Kartika Sabar 6. Dasarathi Sabar 7. Surendra Sabar 8. Singanna Sabar 9. Nilambar Sabar 10. Sashi Sabar 11. Damo Sabar 12. Dubbi @ Duba Sabar 13. Syamala Sabar 14. Sambai Sabar 15. Smt. Punyabati Sabar …. Opp. Parties Mr. Saroj Kumar Rout, Additional Standing Counsel CORAM: HON’BLE MISS JUSTICE SAVITRI RATHO ORDER Order No. 17.02.2026 (Through hybrid Mode) 08. 1. This CRLMP has been filed for a direction to Opposite Party Nos. 2 and 3 to arrest Opposite Party Nos. 4 to 15 and to direct to learned Gram Nyayadhikari -cum- Judicial Magistrate First Class, Kashinagar to initiate the proceeding under Sections 82 and 83 of Cr.P.C. p. 2 2. Pursuant to order dated 02.02.2026, the affidavit has been filed by the I.I.C., Kashinagar Police Station on behalf of Superintendent of Police, Ganjam as well as himself. 3. In the affidavit, it has been stated that on 26.08.2025, Sunil Kumar Behera, the then I.I.C. along with staff and photographs (typographical error for “photographers”) had proceeded to village Armada, but all the accused persons had left the houses, so they pasted all the proceedings, copies in the name of the accused persons on the front wall of their respective house followed with proper announcement in Odia language and drum bits (typographical error for “beats”) requiring all the accused persons to appear in the Court of the learned G.N. -cum- J.M.F.C., Kashinagar on 11.09.2025. Some photographs of the front / entrance door of the accused persons, have been annexed to the affidavit. Perusal of the photographs reveals that only one door has been locked from outside and all the other doors have merely been bolted. It is therefore apparent that the occupants of the houses could not have gone far or for long. 4. Be that as it may, it is apparent that the earlier I.I.C. has failed to execute the NBWs issued against the accused persons. The affidavit does not reveal that the present I.I.C. is interested to take any steps for execution of the NBW. 5. Process under Sections 82 and 83 of the Cr.P.C. has been issued simultaneously without following proper procedure under Section 83 of the Cr.P.C. On 17.02.2025, the file has been sent to the dormant file without following the proper procedure. Page 3 of 3 6. It is therefore directed, that if the complainant furnishes the details of the property of the accused persons in accordance with Section 83 of the Cr.P.C., order of attachment of their properties shall be passed. The attachment of the property shall be done in accordance with Sections 83 of Cr.P.C. or Section 85 of the BNSS expeditiously preferably within fifteen days of the date of production of the details of the properties of the accused persons by the Petitioner. 7. Learned counsel for the Petitioner undertakes to furnish the details of the properties before the learned Gram Nyayadhikari -cum- Judicial Magistrate First Class, Kashinagar within two weeks from today along with copy of this order. 8. With this observation, the CRLMP is disposed of. 9. As the local police has evinced no interest or inclination to execute the warrants which have been issued against the accused persons, this Court has no other alternative other than directing for issue of attachment order under Section 83 of the Cr.P.C. with the hope that this will ensure appearance in the accused persons in the Court below. 10. Needless to say that if the accused persons surrender in the Court or are produced on execution of NBW, order for attachment need not be passed. 11. Urgent certified copy of this order be granted on proper application. (Savitri Ratho) Judge Sukanta Designation: Senior Stenographer