IN THE HIGH COURT OF ORISSA AT CUTTACK CRLMP No. 479 of 2026 Rabinarayan Bhol ….. Petitioner Mr. Santosh Chandra Atabudhi, Advocate -versus- 1. State of Orissa 2. Inspector-in-Charge (IIC), Kanas Police Station, District-Puri 3. Superintendent of Police (SP), Puri ….. Opposite Parties Mr. S.K. Rout, ASC CORAM: HON’BLE MISS JUSTICE SAVITRI RATHO ORDER 21.04.2026 Order No. 01. (Through hybrid mode) 1. This CRLMP has been filed for a direction to the Opposite Parties No.2 and 3 to conduct proper investigation in the case in connection with Kanas P.S. Case No. 42 of 2026 corresponds to G.R. Case No. 65 of 2026 pending before the learned JMFC, Kanas, District-Puri. 2. Mr. Santosh Chandra Atabudhi, learned counsel for the Petitioner submits that initially Kanas P.S. Case No. 42 of 2026 has been registered under Sections 85, 115 (2), 296, 109(1), 351 (3), 3 (5) of the BNS and Section 4 of the D.P. Act and subsequently Section 80 of the BNS has been added. He submits that since the Police was not arresting the accused persons for conducting investigation in a proper manner, he had submitted a grievance before the Superintendent of Police, Puri through Speed Post on 09.03.2026 but in spite of that no action has been taken against the accused persons. He also submits that the accused persons are threatening the Petitioner to withdraw the case otherwise they will harm his minor grandson. Although the Petitioner has submitted a complaint to the Police, but no action has been taken thereon. 3. Mr. S.K. Rout, learned Additional Standing Counsel produces the instructions dated 16.04.2026 of the IIC, Kanas Police Station where it is stated that the I.O. in the case, SI Devi Prasad Lenka has examined the complainant and other witnesses under Section 180 of the BNSS, visited the spot and prepared a clear spot map. He has examined the Barber, Priest and Mediator and recorded their statements under Section 180 of the BNSS. He has issued injury requisition in favour of the victim Bijayalaxmi Senapati to AIIMS, Bhubaneswar for obtaining medical opinion, which is yet to be obtained. He has recorded the dying declaration of the victim Bijayalaxmi Senapati by the Medical Officer, SUM Hospital, Bhubaneswar on 19.02.2026 in audio visual mode in presence of the Petitoner Rabi Narayan Bhola and other independent witnesses in which the victim Bijayalaxmi Senapati strongly denied the charges against her in-laws and stated that due to an argument with her husband Bigul Senapati, out of anger she consumed poison. He had also examined the Medical Officer who examined the victim Bijayalaxmi Senapati and recorded his statement U/s-180 BNSS. He has also arrested the husband of the victim Bigul Senapati on 18.02.2026 and forwarded him to the Court. He has seized 250 ml hpm All Clear Herbicide plastic bottle containing some liquid from the possession of accused Bigul Senapati under seizure list on 18.02.2026 and sent the seized 250 ml hpm All Clear Herbicide plastic bottle containing some liquid to The Director, SFSL, Rasulgarh, BBSR for chemical examination and opinion. He has made requisition to the IIC, Bharatpur PS for providing the Case Diary, Autopsy Report etc., in respect Of Bharatpur UD Case No- 44/2026. 4. Although it is not stated in the instructions, it is presumed that Bharatpur UD Case No-44/2026 has been registered in connection with the death of the deceased Bijayalaxmi Senapati. 5. No direction to be issued to the Police to arrest any accused unless incriminating materials making out a case for arrest are available against him/her. 6. In view of the allegations of the Petitioner and the instructions of the IIC, the CRLMP is disposed of directing the IIC, Bharatpur PS puspa to ensure that the allegations of the Petitioner are properly investigated into and Final Form submitted in accordance with law. 7. Urgent certified copy of this order be granted on proper application. (Savitri Ratho) Judge