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2025 DAILYLAW 3759 (ORI)

KAIBALYA DAS v. STATE OF ODISHA

CRLMP/1628/2025 · 2026-02-17

Miss Savitri Ratho

body2025

Judgment text

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p. 1 IN THE HIGH COURT OF ORISSA AT CUTTACK CRLMP No. 1628 of 2025 Kaibalya Das ….. Petitioner Mr. Rakesh Kumar Mallick, Advocate -versus- 1. State of Odisha 2. Superintendent of Police, Ganjam 3. IIC, Aska Police Station, Aska, District-Ganjam ….. Opposite Parties Mr. S.K. Rout, ASC CORAM: HON’BLE MISS JUSTICE SAVITRI RATHO ORDER 17.02.2026 Order No. 03. (Through hybrid mode) 1. Pursuant to order dated 12.01.2026 and 02.02.2026, Mr. S.K. Rout, learned Additional Standing Counsel produces the instructions dated 17.02.2026 of the IIC, Aska P.S., District-Ganjam which reveals that the Malkhana In-charge, S.I. Sri Gyana Ranjan Sethy of Aska Police Station has been transferred on promotion and relieved from Aska P.S. to join at his new place of posting at Sheragada P.S. on 11.01.2026 and he has not yet handed over charge of Malkhana till date. It is stated that on 18.01.2026, 02.02.2026 and 14.02.2026, he had been asked to hand over charge of Malkhana so that the alleged seized gun if available will be handed over to the Petitioner. On being contacted over phone, Inspector Sri Gyana Ranjan Sethy informed that he is engaged in assembly duty at Bhubaneswar. 2. Mr. S.K. Rout, learned Additional Standing Counsel submits that assembly session is from 17.02.2026 to 24.02.2026 and from 09.03.2026 to 08.04.2026 so it is expected that he will hand over charge of the Malkhana between 24.02.2026 and 09.03.2026 so that p. 2 puspa the judgment of the learned Assistant Sessions Judge, Aska in S.T. No. 22 of 2013 dated 19.09.2016 will be complied with. 3. On being transferred, an Officer In-charge of the Malkhana is expected to hand over complete charge without any delay, so that trials are not affected. So it is expected that Sri Gyana Ranjan Sethy will hand over charge by 09.03.2026. Once charge is handed over, the firearm of the Petitioner should be released to the Petitioner within a period of one month hence after complying with the formalities. On his failure to hand over charge, appropriate steps should be taken by Opposite Party No.2. 4. With this direction, the CRLMP is disposed of. 5. Urgent certified copy of this order be granted on proper application. 6. Copy of this order be sent to the IIC, Aska P.S., District- Ganjam and S.P., Ganjam by the Registry for compliance. (Savitri Ratho) Judge