Mr vs State Of Odisha ... Opposite Party
2026 Latest Caselaw 3508 Ori

Citation : 2026 Latest Caselaw 3508 Ori
Judgement Date : 16 April, 2026

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Orissa High Court

Mr vs State Of Odisha ... Opposite Party on 16 April, 2026

Author: G. Satapathy

Bench: G. Satapathy

             IN THE HIGH COURT OF ORISSA AT CUTTACK
            Rudra Madhab Mohapatra
            (In BLAPL No.1474 of 2026)
            Tapan Kumar Nayak
            (In BLAPL No.2314 of 2026)
            Pananga Narayan Dash @ Pinu
            (In BLAPL No.2396 of 2026)
            Smruti Ranjan Moharana @ Chandan
            (In BLAPL No.2867 of 2026)
            Subhransu Sagar Patra @ Milan
            (In BLAPL No.3066 of 2026)    ...              Petitioners
                                       Mr. D.R. Mohapatra, Advocate
                                        (in BLAPL No.1474 of 2026)
                                          Mr. V. Verma, Advocate
                                        (in BLAPL No.2314 of 2026)
                                       Mr. C. Samantaray, Advocate
                                        (in BLAPL No.2396 of 2026)
                                             Mr. S.R. Rout, Advocate
                                        (in BLAPL No.2867 of 2026)
                                        Mr. R.K. Pattanaik, Advocate
                                        (in BLAPL No.3066 of 2026)
                                   -versus-
            State of Odisha                 ...       Opposite Party
                                             Mr. R.B. Mishra, Addl. PP
                    CORAM: JUSTICE G. SATAPATHY

Order No.              ORDER(ORAL)16.04.2026
   02.         1.      This   matter   is   taken   up   through    Hybrid

Arrangement (Virtual/Physical Mode).

2. Mr. Chandan Samantaray, learned counsel for the petitioner in BLAPL No.2396 of 2026 by placing the order dated 06.04.2026 passed by learned Addl. Sessions Judge-cum-Special Judge (Vigilance), Cuttack in-charge submits that the benefit of non-compliance of Sec.47 of BNSS has already been extended to one of the principal accused persons namely Bablu Nayak. On

the other hand, Mr. R.B. Mishra, learned Addl. PP submits that the IO has already come to the Court and he would file the affidavit today or tomorrow and accordingly, Mr. Mishra, seeks for an adjournment in these matters. It is, however, restated that by relying upon the decision in Vihaan Kumar Vrs. State of Haryana and another; (2025) 5 SCC 799, since the burden of proving compliance of Sec.47 of BNSS/Article 22(1) of Constitution of India rests on the IO/agency, if the accused alleges non-compliance thereof and therefore, the response of the State is also an important facet of the case, but as prayed for by the learned Addl. PP seeking for an adjournment to file an affidavit of the IO, this Court considers it proper to adjourn the matter. Accordingly, list this matter on 21.04.2026.

(G. Satapathy) Judge Jayakrushna

Location: High Court of Orissa, Cuttack