Souda Swain vs State Of Odisha
2026 Latest Caselaw 3158 Ori

Orissa High Court

Souda Swain vs State Of Odisha on 6 April, 2026

            IN THE HIGH COURT OF ORISSA AT CUTTACK
                             CRLMP No. 401 of 2026
Souda Swain
                                         .....                             Petitioner
                                                      Mr. Daitari Pradhan, Advocate
                                       -versus-
1. State of Odisha
2. Inspector-in-Charge, Banki
Police Station, Banki
3. Superintendent of Police, Cuttack
Rural, Cuttack                           .....                       Opposite Parties
                                                                Mr. S.K. Rout, ASC

              CORAM:
                    HON'BLE MISS JUSTICE SAVITRI RATHO

                                           ORDER

06.04.2026 Order No. (Through hybrid mode)

01.

1. This CRLMP has been filed for a direction to the Opposite Parties to register the written report dated 16.01.2026 filed before the Opposite Party No.2 and take necessary action thereon.

2. Mr. S.K. Rout, learned Additional Standing Counsel produces the instructions dated 29.03.2026 of the IIC, Banki P.S. where it is stated that Banki P.S. Case No. 176/ 26 under Sections 126 (2)/ 296/ 115 (2)/ 351 (2)/ 3(5) of the BNS has been registered against Basant Pradhan and Sarat Pradhan and S.I. Narayan Beshra has investigated into the case. The said instructions are taken on record. It shall be scanned and incorporated in the digital record.

3. Although the details of investigation conducted so far has been mentioned in the instructions but the date of registration of the FIR

has not been mentioned in the instructions.

4. Mr. Daitari Pradhan, learned counsel for the Petitioner submits that he learnt today that the FIR has been registered after the delay on 26.03.2026. It appears that the belated registration of FIR is probably the reason why the date of registration is not mentioned in the instructions.

5. The learned Additional Standing Counsel is therefore directed to caution the IIC, Banki Police Station to give complete instructions to this Court and not to suppress relevant dates.

6. Perusal of the instructions also reveal that as there is an apprehension of a breach of peace in the locality for which, P.R. and counter P.R. under Section 126 of the BNSS has been submitted against both the parties to keep peace in the locality.

7. In view of registration of Banki P.S. Case No. 176 of 2026, no direction is required to be issued to the Opposite Parties for registration of the FIR but it is expected that the I.O. in the case shall proceed with the investigation in accordance with law and complete it expeditiously.

8. Urgent certified copy of this order be granted on proper application.

(Savitri Ratho)

puspa Signed by: PUSPANJALI MOHAPATRA Reason: Authentication Location: Orissa High Court Date: 06-Apr-2026 20:02:27