Citation : 2026 Latest Caselaw 3196 Ori
Judgement Date : 7 April, 2026
IN THE HIGH COURT OF ORISSA AT CUTTACK
CRLMP No. 187 of 2026
Sagupta Parveen @ Praveen .... Petitioner
Mr. Durga Prasad Dhal, Advocate
-versus-
1. State of Odisha, represented through
its Principal Secretary Department of
Home, Bhubaneswar
2. The Deputy Commissioner of Police,
Bhubaneswar
3. The Inspector in-Charge, Chandaka
Police Station
4. Tuhin Adak
5. Rohan Das
6. Arman Kumar Parida .... Opp. Parties
Mr. Amitabh Pradhan,
Additional Standing Counsel
CORAM:
HON'BLE MISS JUSTICE SAVITRI RATHO
ORDER
Order No. 07.04.2026
(Through hybrid Mode)
04. 1. On 23.03.2026, the following order has been passed:-
"In the order dated 27.02.2026, it had been directed as follows:-
"7. In the meanwhile, Mr. S.J. Mohanty, learned Additional Standing Counsel shall produce a copy of the report of chemical examination if submitted by the SFSL as well as report on the seized mobile phone, if any. He shall also produce instruction about the photographs taken of the broken door of Room No.40, top floor, boys' hostel of
Biswas School & College of Nursing, Chhatabar, as the allegation of the Petitioner is that investigation has not been done properly."
2. Mr. Sarathi Jyoti Mohanty, learned Additional Standing Counsel has produced the instructions, case diary and photographs clicked during investigation of the case. He is requested to keep the photographs in a sealed cover and produce them on the next date of the case.
3. Mr. Durga Prasad Dhal, learned counsel for the Petitioner submits that in this case final report has been submitted hastily without proper investigation in absence of report of Viscera examination and the mobile phone of the deceased, even though no accused was in custody.
4. Perusal of the record reveals on 23.02.2026, the S.I. of Chandaka Police Station has made a prayer before the learned J.M.F.C.-O, Bhubaneswar for sending the exhibits to SFSL, Rasulgarh for analysis and opinion. The report regarding the mobile phone of the accused is not available in the case diary.
5. List this case on 07.04.2026.
6. In the meanwhile, Mr. Mohanty, learned Additional Standing Counsel shall produce the information / report of the SFSL regarding the examination of the Viscera as well as the mobile
phone of the deceased if they have been received from the SFSL."
2. Today when the matter is taken up, Mr. Amitabh Pradhan, learned Additional Standing Counsel produces the instructions dated 05.04.2026 of the I.I.C., Chandaka Police Station, Bhubaneswar UPD, where the steps during investigation have been mentioned. It has been mentioned as follows:-
"The C.E. report of VISCERA obtained from SFSL, Rasulragh, Bhubaneswar, it is opined by the S.O. that; Ethyl Alcohol, Methyl Alcohol, Barbiturates, Benzodiazepine group of drugs, Insecticide, Alkaloid, Herbicide, Rodenticide and oleander glycoside poison could not be detected in the viscera of the deceased described above.
It was observed during investigation that the complaint appeared to have been lodged due to emotional distress and suspicion following the sudden death of the student, rather than on the basis of concrete evidence. No material facts supporting allegations against the FIR-named accused persons were found during investigation. Considering the medical opinion, witness statements, spot findings, and circumstantial evidence, the death of Md. Ajimuddin prima facie appears to be a case of suicide by hanging.
The case has also been supervised by Miss Sonali Singh Parmar, IPS, ACP Zone -VI, who concluded the case as Final Report, Mistake of
Fact, U/s- 103(1)/3(5) BNS against FIR named accused persons.
The C.E. report in favor of the mobile phone of the deceased is has not received yet. However, from the circumstantial evidence, there is no suspicion regarding death of the deceased."
3. From the C.E. report dated 02.03.2026 in respect of the containing the Viscera materials, it is apparent that it has been issued to the I.I.C., Chandaka Police Station on 02.03.2026. So this report had not been received when the final report dated 28.02.2026 was filed in this case.
4. But the I.I.C., has failed to mention the date of the Viscera report in the instructions. It is not known where it is a mistake or this has been done deliberately. He has also mentioned that the C.E. report in respect of the mobile phone of the deceased has not yet been received. From this, it is apparent that final report mistake of fact has been submitted hurriedly even though there was no accused in custody and the matter was under
consideration by this Court.
5. Hence, this Court considers it fit that an opportunity should be given to the Opposite Party No.3 to file an affidavit in this case before further order is passed.
6. List this case on 22.04.2026.
(Savitri Ratho) Judge
Sukanta
Signed by: SUKANTA KUMAR BEHERA Designation: Senior Stenographer Reason: Authentication Location: Orissa High Court, Cuttack
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