IN THE HIGH COURT OF ORISSA AT CUTTACK CRLMP No.1303 of 2025 Md. Yusuf …. Petitioner Mr. A. K. Mishra, Advocate -versus- State of Odisha and Others …. Opp. Parties Mr. A. K. Apat, Addl. P. P. CORAM: THE HON’BLE MR. JUSTICE CHITTARANJAN DASH Order No. ORDER 29.10.2025 01. 1. Heard learned counsel for the Parties. 2. By means of this application, the Petitioner seeks the indulgence of this Court for a direction to Opposite Party Nos. 1 and 2 to entrust the investigation to an impartial higher-level Officer (not below the rank of DSP) or to the Crime Branch, Odisha. It is further prayed that Opposite Parties Nos. 3 and 4 be directed to immediately verify and correct the timing anomaly in the FIR with reference to the CCTV footage, to invoke the appropriate provisions of the Bharatiya Nyaya Sanhita, 2023, and to take prompt steps for the arrest of the prime accused, Subhendu Pradhan, and his accomplices, along with recovery of the stolen property. A further prayer has also been made to initiate departmental action against the erring Investigating Officer and the IIC, Dhanupali Police Station, Sambalpur. 3. Learned counsel for the State, on the other hand, has placed on record the instructions received from the IIC, Dhanupali P.S., wherein it is disclosed that during investigation, the I.O. visited the spot, examined the complainant and witnesses, and recorded their statements under Section 180 of the Bharatiya Nagarik Suraksha Sanhita, 2023. During the spot visit, the I.O. seized certain red-coloured plastic cut pieces from the outer gate in the presence of witnesses under a proper seizure list. The I.O. further reported that though witnesses were examined, they did not corroborate the complainant’s version and denied having any knowledge of the alleged incident. Upon further inquiry, it was revealed that there was a longstanding dispute between the complainant’s son, Md. Ramiz, and the alleged accused, Subhendu Pradhan @ Kaling, regarding a cash transaction of ₹15,00,000/- for the purchase of land. It transpired that Subhendu Pradhan had paid ₹15,00,000/- in cash to Md. Ramiz, with the knowledge of the complainant, towards purchase of land at Dhankauda. Page 3 of 4 However, Ramiz neither executed the sale deed nor refunded the money. Despite repeated attempts to contact Ramiz, Subhendu Pradhan was unable to trace him as he had switched off his phone and absconded from the locality. Subsequently, Subhendu Pradhan contacted the complainant to recover his money, but the complainant did not respond and instead advised him to speak directly with his son. It is further alleged that the complainant also threatened him. Finding no alternative, on the date of the incident, i.e., 09.07.2025, Subhendu Pradhan @ Kaling went to the complainant’s house in search of Md. Ramiz, where a verbal altercation ensued between them. During the course of investigation, no independent witnesses came forward to support the complainant’s version of events. The I.O. reviewed the CCTV footage from the complainant’s residence; however, no conclusive evidence was found to substantiate the alleged occurrence. The I.O. issued a medical requisition for the complainant, and the doctor reported only one swelling injury. At present, no substantial evidence has been found to support the complainant’s allegations except for criminal trespass, minor damage to the door, exchange of heated words, and a brief physical tussle. The investigation is stated to be in progress, and the IIC has reported that appropriate legal action shall be taken against the accused as and when credible evidence emerges. 4. Having regard to the aforesaid instruction submitted by the Police, it is expected that the investigation shall proceed with utmost diligence and fairness. Apparently, there appears sufficient material to continue with the investigation in the context of the FIR, and the same shall be completed and a final form, if any to be submitted within a period of one month, if there be no other legal impediment. No other direction is required to be passed keeping in view the facts and circumstances of the case. The CRLMP is accordingly disposed of. A free copy of this order be supplied to the learned counsel for the State for compliance. (Chittaranjan Dash) Judge AKPradhan Designation: Sr. Stenographer