p. 1 IN THE HIGH COURT OF ORISSA AT CUTTACK CRLMP No. 199 of 2026 Shivashankar Maity …. Petitioner Mr. Sandeep Raj Panda, Advocate -versus- 1. State of Odisha, represented through the Secretary to Government, Home Department, Bhubaneswar 2. Director General of Police, Odisha, Police Headquarters, Cuttack 3. Additional Director General of Police, C.I.D. (C.B.), Police Headquarters, Cuttack 4. Superintendent of Police, Bhadrak 5. Inspector -In- Charge, Dhamara Marine Police Station 6. Babu @ Sankarlal Jena …. Opp. Parties Mr. Amitabh Pradhan, Additional Standing Counsel CORAM: HON’BLE MISS JUSTICE SAVITRI RATHO ORDER Order No. 18.03.2026 (Through hybrid Mode) 03. 1. This CRLMP has been filed with a prayer for transferring the investigation of Dhamara Marine P.S. Case No. 05 of 2025 from the Inspector In-Charge, Dhamara Marine Police Station to the Additional Director General of Police, (Crime Branch), Odisha, Cuttack – Opposite PartyNo.3 for better and impartial investigation of the case. Page 2 of 5 2. As per instruction dated 19.02.2026, the case has been registered under Sections 296/115(2)/118(1)/109/3(5) of the BNS on 03.03.2025 on the information of one Amar Maity. Amar Maity expired on 03.03.2025 for which the case turned under Section 103/3(5) of the BNS. It is stated that accused Babu @ Sankarlal Jena was arrested on 03.03.2025 as there was ample evidence under Sections 103/3(5) of the BNS against him and he was forwarded to the Court of learned JMFC, Chandbali on 04.03.2025. Thereafter, investigation is continuing. Sibasankar Maity (Petitioner), son of the deceased Amar Maity and his nephews Subhankar Maity and Sanjeeb Maity have been examined on 03.03.2025 and 04.03.2025. The Mangalabag P.S. UD Case No.432/2025 along with postmortem report has been obtained on 04.08.2025. In spite of several raids, Suresh Behera and Santosh Dalai have not been arrested and the case is pending for their arrest. 3. Mr. Sandeep Raj Panda, learned counsel for the Petitioner submits that although Babu @ Sankarlal Jena has been arrested, but as the police could not complete investigation in time nor submit a preliminary charge sheet, Babu @ Sankarlal Jena was granted bail under Section 187(3) of the BNSS. He further p. 3 submits that the I.O. is not taking proper steps for arrest of the other accused persons. 4. In view of the allegations that the I.O. is not taking proper steps for arrest of the other accused persons, instructions had been sought on 23.02.2026. As the instructions dated 19.02.2026, of the I.I.C. were not satisfactory, on 12.03.2026, the matter had been adjourned to today with the expectation that the accused persons would be arrested by this date. 5. Mr. Amitabh Pradhan, learned Additional Standing Counsel submits that initially one Krushna Chandra Nayak, ASI, Dhamara Marine Police Station was conducting the investigation as the case turned to one under Section 103, 3(5) of BNS the Sub-Inspector, Shovan Kumar Swain of Dhamara Marine Police Station took over the investigation. The said I.O. is in-charge of the investigation since 03.03.2025. 6. The copy of the case diary has been produced by Mr. Pradhan, learned Additional Standing Counsel. 7. Perusal of the same reveals that Babu @ Sankarlal Jena has been arrested on 03.03.2025 and forwarded on 04.03.2025. Request was made to the I.I.C., Mangalabag Police Station to provide the U.D. case record relating to Mangalabag P.S. U.D. p. 4 Case No. 432 of 2025 and on 10.03.2025, the SDPO in-charge of Chandbali Police Station was supervising this case. On 23.09.2025, the I.O. reached the Mangalabag Police Station and took over the documents and took possessions of the documents in Mangalabagh P.S. U.D. Case No. 432 of 2025 which is more than six months after taking over charge of the case. 8. On account of his inability to complete investigation and submit charge sheet, Babu @ Sankarlal Jena has been granted bail under Section 187(3) of BNSS, which however is not reflected in the case diary. 9. The allegation of the Petitioner is that as the co-accused persons Suresh Behera and Santosh Dalai have been political connections, the I.I.C., is not taking effective steps further arrest. He also submits that to the best of his knowledge no interim order has been passed by any superior Court which could prevent the I.O. from arresting them. 10. After perusal of the case diary, I am not satisfied with the investigation conducted by the I.I.C. Dhamara Marine Police Station. 11. The Superintendent of Police, Bhadrak is therefore directed to change the Investigating Officer in the case and hand p. 5 over the investigation of the case to any other competent officer and ensure that the case is supervised by a Senior Officer. 12. With the observations, the CRLMP is disposed of. 13. Urgent certified copy of this order be granted on proper application. 14. Copy of this case diary be returned to the learned State Counsel. (Savitri Ratho) Judge Sukanta Designation: Senior Stenographer