p. 1 IN THE HIGH COURT OF ORISSA AT CUTTACK CRLMP No.398 of 2026 Bubu Sethi @ Sethy …. Petitioner Mr. R.K. Sarangi, Advocate -versus- 1. State of Odisha represented through its Secretary, Home Department, Bhubaneswar 2. The Superintendent of Police, Kendrapara 3. The Inspector-in-Charge, Rajnagar Police Station. …. Opp. Parties Mr. S.J. Mohanty, Additional Standing Counsel CORAM: JUSTICE SAVITRI RATHO Order No. ORDER 21.04.2026 (Through Hybrid Mode) 01. 1. This CRLMP has been filed with a prayer to issue direction/directions to the Opposite Parties to the Superintendent of Police, Kendrapara - Opposite Party No.2 and I.I.C., Rajnagar Police Station – Opposite Party No.3 to conduct proper investigation and take appropriate action against the accused persons. 2. Mr. S.J. Mohanty, learned Additional Standing Counsel produces the instruction dated 21.04.2026 of the I.I.C., Rajanagar p. 2 Police Station wherein it has been stated that initially on 01.12.2025 on the report of the Petitioner regarding missing of his father Balaram Sethi, MMR No.127/2025 had been registered in the Rajnagar Police Station. During inquiry, S.I. Chandrika Mohapatra submitted a report regarding murder of Balaram Sethi by Bhagyadhar Jena of Kankadia and his family members for which Rajnagar P.S. Case No.428 of 2025 was registered and during investigation the statements of the witnesses were recorded under Section 180 of BNS, 2023 with audio visual means, the jacket and motorcycle of the deceased Balaram Sethi were seized. The weapon of offence, i.e., crow bar(Khanti) was seized from the pond and post mortem examination was conducted and the report was received from the SCB Medical College & Hospital, Cuttack. The femur bone was preserved and blood samples of the father and son of the deceased were collected for DNA profiling and the report is awaited. Confession of accused Bighina @ Bighneswar Malik was recorded under Section 23 of BSA in presence of witnesses and videographer of DFSL. He confessed about his involvement in murder of Balia @ Balaram Sethi along with Jamini Jena @ Swain, he mother Sashikala Jena, father Bhagyadhar Jena and brother Suranjan Jena. He also led to recovery of the weapon of offence, i.e., crow bar. Five p. 3 accused persons, namely, Jamini Jena @ Swain, W/o-Rajib Swain, Sunal @ Suranjan jena, S/o-Bhagyadhar Jena, Sashikala Jena, W/o-Bhagyadhar Jena, Bhagi @ Bhagyadhar Jena, S/o- Late Ankura Jena and Bigina @ Bighneswar Mallik were arrested and forwarded to the Court and charge sheet under Section 103(1)/238(b)/3(5) of BNS, 2023 has been submitted against the aforesaid five accused persons keeping investigation open under Section 193(9) of BNS, 2023. The instruction is taken on record. 3. It is apparent that preliminary charge sheet has been submitted in this case, but investigation has been kept open for obtaining the certificates of seven service providers, etc. The date of filing of charge sheet has not been stated although it is stated that after arrest of the five accused persons, the stipulated period was to be completed within 08.03.2026. 3. As preliminary charge sheet has been submitted keeping investigation open, the CRLMP is disposed of directing the Rajnagar Police Station to ensure that further investigation in Rajnagar P.S. Case No.428 of 2025, is concluded expeditiously. (Savitri Ratho) Judge amit