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Orissa High Court
Santilata Baral vs State Of Odisha on 9 April, 2026
IN THE HIGH COURT OF ORISSA AT CUTTACK
CRLMP No. 337 of 2026
Santilata Baral
..... Petitioner
Mr. Pramod Kumar Nayak, Advocate
-versus-
1. State of Odisha
2. Director General of Police,
Cuttack
3. The Superintendent of Police,
Puri
4. Inspector-in-Charge, Brahmagiri
P.S., District-Puri ..... Opposite Parties
Mr. S.J. Mohanty, ASC
CORAM:
[
HON'BLE MISS JUSTICE SAVITRI RATHO
ORDER
09.04.2026
Order No. (Through hybrid mode)
03.
1. This CRLMP has been filed for transfer of investigation of the
FIR dated 22.09.2025 and 17.10.2025 registered at Brahmagiri P.S.
to an independent agency such as the State Crime Branch or Central
Bureau of Investigation or in the alternative, direct Opposite Parties
No.2 and 3 to ensure fair, impartial and time-bound investigation by
a senior officer not below the rank of Deputy Superintendent of
Police.
2. Mr. Pramod Kumar Nayak, learned counsel for the Petitioner
submits that because the Mahendra Baral, father-in-law of the
Petitioner had submitted an FIR on 22.09.2025 leading to registration
of Brahmagiri P.S. Case No. 391 of 2025 under Sections 296/ 126
(2)/ 351 (2) and 3 (5) of the BNS against the villagers who were
harassing the family of the Petitioner, so they conspired and
connived together as a result in Himanshu Kumar Baral-husband of
the informant died on 02.10.2025 due to electrocution. Pursuant to
her complaint, Brahmagiri P.S. Case No. 425 of 2025 has been
registered on 17.10.2025. But he apprehends that the investigation
may not be conducted in a proper manner due to political pressure.
3. Pursuant to direction of this Court, instructions dated
07.04.2026 of the IIC, Brahmagiri P.S. is produced by Mr. S.J.
Mohanty, learned Additional Standing Counsel from which it
appears that on 02.10.2025 on receipt of an MLC from the District
Head Quarter, Puri regarding 'brought dead' of deceased Himansu
Kumar Baral, Brahmagiri P.S. UD Case No. 27 dated 02.10.2025
had been registered and inquest and post mortem examination had
been conducted over the dead body of the deceased on the same day
and that post mortem report indicated that 'death is due to
electrocution as a result of contact with a live electrical object'.
It is also stated in the instructions that on 17.10.2025, after
receipt of the complaint from the Petitioner, Brahmagiri P.S. Case
No. 425 dated 17.10.2025 was registered under Sections 105/ 3(5) of
the BNS and the investigation was taken up by Sub-Inspector,
Prafulla Kumar Naik. During investigation, it has been found that
death could have occurred due to touching of illegal hooking wire.
The statements of villagers and the electric officials have been
recorded under Section 180 of BNSS. It is also stated that earlier
Brahmagiri P.S. Case No. 391 of 2025 had been registered on the
information of Maheswar Baral and after completion of
investigation, chargesheet no.536 dated 16.11.2025 had been
submitted against 9 accused persons, namely, (1) Bulu @ Bijana
Baral, (2) Kanduri Baral, (3) Chakradhara Pradhan, (4) Sangu @
Amarendra Baral, (5) Chitaranjan Samantaray, (6) Chitrasena Baral,
(7) Ajaya Baral, (8) Bikram Baral, and (9) Brahmananda Baral under
Sections 296/ 126 (2)/ 351 (2)/ 3 (5) of the BNS and investigation in
Brahmagiri P.S. Case No. 425 dated 17.10.2025 is continuing.
4. I am, therefore, satisfied that at present there is no necessity
for handing over investigation of the case to any independent agency.
But in view of the apprehension of the Petitioner and the background
of the case, the CRLMP is disposed of directing the Opposite Party
No.3-The Superintendent of Police, Puri to direct for supervision of
the investigation in Brahmagiri P.S. Case No. 425 of 2025 by a
Senior Officer not below the rank of Deputy Superintendent of
Police.
5. Urgent certified copy of this order be granted on proper
application.
(Savitri Ratho)
Judge
puspa
Signed by: PUSPANJALI MOHAPATRA
