Research › Search › Judgment

High Court of Orissa · body

2026 DAILYLAW 617 (ORI)

BHARATI NAYAK v. STATE OF ODISHA

CRLMP/116/2026 · 2026-02-12

Miss Savitri Ratho

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

p. 1 IN THE HIGH COURT OF ORISSA AT CUTTACK CRLMP No. 116 of 2026 Bharati Nayak ….. Petitioner Ms. Banajarani Panda, Advocate -versus- 1. The State of Orissa 2. Director General of Police, Odisha, Buxi Bazar, Cuttack 3. The Superintendent of Police, Dhenkanal 4. Inspector-in-Charge, Parjang Police Station, Dhenkanal ….. Opposite Parties Mr. S.K. Rout, ASC CORAM: HON’BLE MISS JUSTICE SAVITRI RATHO ORDER 12.02.2026 Order No. 01. (Through hybrid mode) 1. This CRLMP has been filed with the following prayer:- “That it is prayed, therefore that this Hon'ble Court may graciously be pleased to direct the opposite parties to Registration the case, take necessary action as per law and any other order as deem fit be passed.” 2. Mr. S.K. Rout, learned Additional Standing Counsel produces the instructions dated 09.02.2025 of the IIC, Parjang P.S., Dhenkanal where it is stated that on basis of the FIR of the Petitioner, Parjang P.S Case No.96 dated 08.02.2026 has been registered under Sections 296, 351 (2) of the BNS, 2023 against the accused Ashok Malla. 3. The allegation against the Petitioner in the FIR is that when the Petitioner had gone to the court in connection with the earlier case registered against the accused Ashok Malla for commission of rape of her daughter the accused Ashok Malla had also gone to court. p. 2 puspa He threatened her saying that he would kill her, her daughter and her husband by running a truck over them or pour kerosene on them and set them on fire. 4. Ms. Banajarani Panda, learned counsel for the Petitioner submits that in view of nature of allegation, in place of Section 351 (3) of the BNS, the case has been registered under Section 351 (2) of the BNS and instead of Section 232 of the BNS, it has been registered under Section 296 of the BNS. 5. As investigation in the case has just commenced, it is expected that I.O. will conduct a fair and impartial investigation and submit his report after considering the statements of the informant and witnesses. 6. It is also observed that in case, the Petitioner and her family members require security for deposing in the court in the rape case, they can make prayer before the learned trial court or the S.P., Dhenkanal. 7. With these observations, the CRLMP is accordingly disposed of. 8. Urgent certified copy of this order be granted on proper application. (Savitri Ratho) Judge