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2026 DAILYLAW 8616 (ORI)

BHIMSEN NAYAK v. STATE OF ODISHA

CRLMP/183/2026 · 2026-02-20

Chittaranjan Dash

body2026

Judgment text

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IN THE HIGH COURT OF ORISSA AT CUTTACK CRLMP No. 183 of 2026 Bhimsen Nayak …. Petitioner Mr. B. Rout, Advocate -versus- State of Odisha & others …. Opp. Parties Ms. S. Pattanayak, Addl. P.P. CORAM: THE HON’BLE MR. JUSTICE CHITTARANJAN DASH Order No. ORDER 20.02.2026 01. 1. Heard learned counsel for the Parties 2. By means of this application, the Petitioner seeks the intervention of this Court for a direction to Opposite Parties to conduct the investigation in a fair and proper manner and to a depute a competent higher police authority to take over the charge of investigation in connection with the Kendrapara P.S. Case No.05 of 2026. 3. Learned counsel for the Petitioner, in course of the hearing in the application drew the attention of this Court that the FIR having been registered on 09.01.2026 under Sections 64/103 of BNS, the investigation visibly not progressed in accordance with law. He also submitted that p. 2 the statement of the victim’s mother has not been recorded so far. 4. Learned counsel for the State, on the other hand has placed the case record along with the written instructions of the IIC, Town P.S. Kendrapara, which reveals the details of the manner in which the investigation has progressed so far. The aforesaid written instruction reveals that one Satya Narayan Nayak has been arrested in connection with the incident. The case dairy has also been produced, which reveals the details of the investigation taken so far, a substantial number of statements have been recorded in connection with the incident including that of Sanjukta Nayak, the mother of the victim, wherein the name of one Satya Narayan Nayak finds place showing the mother to have raised doubt with respect to his involvement in the death of her daughter. There are other statements, which also reveal that the statements have been recorded in course of the investigation. The P.M. report has since been obtained and the apparent cause of death as seen from the P.M. report is due to asphyxia as a result of antimortem hanging. 5. Learned counsel for the Petitioner also submits that they still have a doubt that the manner in which the p. 3 investigation has proceeded so far has not taken one Sudhanshu Sekhar Behera, who is in the opinion of Informant a person likely to have the hand in the death of the victim. However, the investigation reveals apparently there is no material against the said Sudhanshu Sekhar Behera, who allegedly to be engaged as J.E. 6. Be that as it may, having regard to the stage of the investigation, noting can be said at this stage as to the involvement of any other person in the alleged death of the victim. Accordingly, the Superintendent of Police, Kendrapara i.e. the Opposite Party No.3 is directed to monitor the investigation to ensure a free, fair and diligent investigation in to the matter and to ensure the culprits, if any, by submission of the Final Form, if any, within a period of one month, if there be no other legal impediment, taking into account the pressing into service of the scientific reports including the CCTV footage. 7. The CRLMP stands disposed of accordingly. (Chittaranjan Dash) Judge Bijay