M. Sania @ M. Sanyasi Pradhan vs State Of Odisha
2026 Latest Caselaw 3604 Ori

Orissa High Court

M. Sania @ M. Sanyasi Pradhan vs State Of Odisha on 20 April, 2026

                        IN THE HIGH COURT OF ORISSA AT CUTTACK
                                 CRLMP No. 1499 of 2025
                An application under Article 226 and 227 of the Constitution of India.


                  1. M. Sania @ M. Sanyasi Pradhan
                  2. B. Suji @ Sumi Pradhan                            ....            Petitioners
                                              -versus-

                  1. State of Odisha, represented through
                  Secretary,       Home           Department,
                  Bhubaneswar
                  2. Director General of Police, Cuttack
                  3. Superintendent of Police, Ganjam, At-
                  Chattrapur
                  4. SDPO Chatrapur, Ganjam
                  5. Inspector in-Charge, Rambha Police
                  Station, Ganjam                             ....              Opposite Parties


                   Advocates who appeared in this case:

                       For Petitioners               : Mr. Sanjib Kumar Bhanjadeo,
                                                       Advocate

                       For Opposite Parties           : Mr. Ashok Kumar Apat,
                                                        Additional Government Advocate

                  CORAM:
                              HON'BLE MISS JUSTICE SAVITRI RATHO
                                                   JUDGMENT

--------------------------------------------------------------------------------

Date of Hearing: 9th February, 2026 Date of Judgment: 20th April, 2026

-------------------------------------------------------------------------------- Savitri Ratho, J. This CRLMP has been filed with a prayer to direct the

Opposite Parties for sending the investigation of two murder cases in

Rambha P.S. Case No. 619 of 2025 registered for commission of

//2//

offence under Section 103(1), 3(5) of Bharatiya Nyaya Sanhita (in Short

"BNS") and Rambha P.S. Case No. 651 of 2025 registered for

commission of offences under Sections 103(1), 351(3), 3(5) of BNS and

Rambha P.S. Case No. 677 of 2025 under Sections 351(2), 3(5) of BNS

read with Section 25(1)(a) of the Arms Act either to Crime Branch or to

Special Investigation Team (SIT) for fair and proper investigation of the

cases.

BACKGROUND FACTS

2. The Petitioners are the brother and sister of P. Abhi @

Abhimanyu Pradhan. Petitioner No.1 is the informant in Rambha P.S.

Case No. 651 of 2025. Both the Petitioners have been arrayed as

accused in Rambha P.S. Case No. 677 of 2025.

3. Rambha P.S. Case No.619 of 2025, had been registered on

03.08.2025 on the information of B. Tuni Pradhan, wife of deceased B.

Manyu Pradhan against unknown persons for commission of offences

punishable under sections 103 (1) & 3 (5) of BNS. It was stated in the

FIR that the informant came to know that 2-3 persons had committed

murder of P. Abhi @ Abhimanyu Pradhan who was a witness in that

case. But before his statement could be recorded by the I.O., he was

murdered. After completion on investigation, chargesheet No. 876 dated

28.10.2025 has been submitted against (1) P. Jaya Pradhan, (2) B.

//3//

Keshab Pradhan, (3) Balia @ Balaram Parida for commission of

offences punishable under Sections 103(1)/61(2)(a)/351(3)/3(5) of BNS

read with Sections 25(1)(a)/27 of Arms Act.

4. On 13.08.2025, Rambha P.S. Case No. 651 of 2025 was

registered on the information of the Petitioner No.1-M. Sania @ M.

Sanyasi Pradhan against 1) M Raibaria Pradhan, 2) B Purusottam

Pradhan 3) M Prabhat Pradhan, 4) B Bulu Pradhan, 5) B Siba Pradhan,

6) R Markanda Pradhan 7) M Hari Pradhan, 8) R Abhi Pradhan, 9) R.

Rabi Pradhan, 10) B Keshab Pradhan, 11) M Ramesh Pradhan 12) M

Kabiraj Pradhan 13) M Brundaban Pradhan, 14) M Bharat Pradhan 15)

R Krushna Pradhan 16) B Srinu Pradhan 17) B Rama Pradhan, 18) B

Purna Pradhan 19) N Sapan Pradhan 20) M Bipin Pradhan 21) S Sudam

Pradhan 22) S Murari Pradhan 23) B Mithun Pradhan 24) D Bulu

Pradhan 25) B Laxmi Pradhan 26) B Debendra Pradhan, 27) B Laxman

Pradhan, 28) B Kalia Pradhan, 29) B Amar Pradhan, 30) M Krushna

Pradhan 31) R Kama Pradhan, 32) B Bulu Pradhan, 33) Bijaya Pradhan

34) wife of Purusottam Pradhan 35) B Sanyasi Pradhan, along with

other 5-6 persons for commission of offences under Section 103 (1)/

351(3) & 3 (5) of BNS. He had stated in the FIR that his brother P.

Abhi Pradhan had earlier been threatened for filing a case in Cuttack

after the accused persons held a meeting the previous evening. On

//4//

13.08.2025, about 33 persons (named) along with 5-6 others, assaulted

him and he died in the Hospital. After completion of investigation,

Chargsheet No. 931 dated 09.11.2025 has been submitted against (1) B.

Abhimanyu Pradhan@ Debendra, (2) B. Abhimanyu Pradhan @ Kalia,

(3) B. Amar Pradhan for commission of offences under Sections 103

(1)/61(2)/ 351(3) & 3 (5) of BNS read with Sections 25(1)(a)/27 of

Arms Act.

5. Rambha P.S case no 677 of 2025 has been registered on

21.08.2025 against (1) B. Madan Pradhan, (2) R. Sombaria Pradhan, (3)

B. Suni Pradhan and (4) R. Sushama Pradhan @ Jadi, (5) B. Prakash

Pradhan and (6) M. Sania Pradhan, for commission of offences

punishable under Sections 351(2)/3(5) of the BNS and Section 25(1)(a)

of the Arms Act, on the information of M. Subash Pradhan.

Investigation in the case is stated to be in progress against the said

accused persons.

6. Petitioner No.2 - Smt. B. Suji @ Sumi Pradhan has

submitted a report on 22.08.2025 before the D.G. Police for proper

enquiry complaining of improper investigation by the Rambha Police.

On 25.08.2025, Petitioner No.1 - M. Sania @ M. Sanyasi Pradhan has

submitted a representation before the D.G. Police stating that he is the

informant in Rambha P.S. Case No. 651 of 2025. He has been made

//5//

accused on false allegations in Rambha P.S. Case No. 677 of 2025 at the

instance of the Police and praying for a further investigation.

SUBMISSIONS OF THE PETITIONER

7. Mr. Sanjib Kumar Bhanjadeo, learned counsel for the

Petitioner submitted that in Rambha P.S. Case No. 619 of 2025, P, Abhi

Pradhan, brother of the Petitioners was a witness, but the Investigating

Officer did not record his statement though he was a witness. Ten days

after registration of Rambha P.S. Case No. 619 of 2025, on 13.08.2025,

P. Abhi Pradhan was murdered for which Rambha P.S. Case No. 651 of

2025 was registered against 33 persons on the information of Petitioner

No.1. But without conducting proper investigation in Rambha P.S. Case

No. 651 of 2025, charge sheet has been submitted against three persons

only. Thereafter to harass and intimidate the Petitioners and other family

members who are witnesses in Rambha P.S. Case No. 619 of 2025 and

Rambha P.S. Case No. 651 of 2025, they have been arrayed as accused

persons in Rambha P.S. Case No. 677 of 2025. As the actual guilty

persons have been let off in Rambha P.S. case No 619 of 2025, and the

Petitioners made accused in Rambha P.S. Case No. 677 of 2025, it is

apparent that investigation is not fair and therefore prayer has been made

for handing over investigation to an independent agency.

//6//

SUBMISSIONS OF THE STATE

8. Mr. Ashok Kumar Apat, learned Additional Government

Advocate submitted that after completion of investigation, charge sheet

has been submitted in Rambha P.S. Case No. 619 of 2015 and Rambha

P.S. Case No 651 of 2025 and investigation in Rambha P.S. Case No.

677 of 2025 is pending. He submitted that there is no necessity for

handing over investigation to the Crime Branch or SIT as investigation

has been conducted properly. He produced the instructions of the I.I.C.,

Rambha, where it is stated as follows

(i) Rambha P.S. Case No. 619 of 2025

After completion of investigation, charge Sheet No.876

dated 28.10.2025 under Sections 103(1), 61(2)(a), 351(3), 3(5) of BNS

read with Section 25(1)(a), 27 of the Arms Act against the accused

namely (i) P. Jaya Pradhan, (ii) B. Keshab Pradhan and (iii) Balia @

Balaram Parida.

(ii) Rambha P.S. Case No. 651 of 2025

After completion of investigation, charge Sheet No. 931

dated 09.11.2025 under Sections 103(1), 61(2), 351(3), 3(5) of BNS

read with Section 25(1)(a), 27 of the Arms Act against the accused

namely (i) B. Abhimanyu Pradhan @ Debendra, (ii) B. Abhimanyu

Pradhan @ Kalia and (iii) B. Amar Pradhan.

                                      //7//




(iii)        Rambha P.S. Case No. 677 of 2025

It is a true case under Sections 296, 351(2), 3(5) of BNS

read with Section 25(1)(a) of the Arms Act against the accused namely

(i) B. Madan Pradhan and (ii) R. Sombaria Pradhan and under Sections

296, 351(2), 3(5) of BNS against the accused (iii) B. Suji Pradhan and

(iv) R. Susama Pradhan @ Jadi and the investigation in the case is still

pending for further investigation.

STATUTORY PROVISION

9. Section 193(9) of the BNSS provides for further

investigation. The Provision is extracted below :-

"Section 193 xxx

(9) Nothing in this section shall be deemed to preclude further investigation in respect of an offence after a report under sub-section (3) has been forwarded to the Magistrate and, where upon such investigation, the officer in charge of the police station obtains further evidence, oral or documentary, he shall forward to the Magistrate a further report or reports regarding such evidence in the form as the State Government may, by rules, provide; and the provisions of sub-sections (3) to (8) shall, as far as may be, apply in relation to such report or reports as they apply in relation to a report forwarded under sub-section (3):

//8//

Provided that further investigation during the trial may be permitted with the permission of the Court trying the case and the same shall be completed within a period of ninety days which may extend with the permission of the Court."

JUDICIAL PRONOUNCEMENTS

10. In Babu Bhai vs. State of Gujarat : 2010 (12) SCC 254,

the Supreme Court while upholding the order of the High Court

directing for investigation of two cases by the State CID, quashed the

charge sheets in the two cases. The relevant paragraphs of the judgment

are extracted below :

"25. The investigation into a criminal offence must be free from objectionable features or infirmities which may legitimately lead to a grievance on the part of the accused that investigation was unfair and carried out with an ulterior motive. It is also the duty of the Investigating Officer to conduct the investigation avoiding any kind of mischief and harassment to any of the accused. The Investigating Officer should be fair and conscious so as to rule out any possibility of fabrication of evidence and his impartial conduct must dispel any suspicion as to its genuineness. The Investigating Officer "is not to bolster up a prosecution case with such evidence as may enable the court to record conviction but to bring out the real unvarnished truth". (Vide R.P.

//9//

Kapur Vs. State of Punjab AIR 1960 SC 866; Jamuna Chaudhary & Ors. Vs. State of Bihar AIR 1974 SC 1822; and Mahmood Vs. State of U.P. AIR 1976 SC 69).

ANALYSIS AND CONCLUSION

11. I have deliberately not examined the statements of

witnesses recorded during investigation of the three cases, so that the

officer of the Crime Branch who is assigned with the investigation is not

influenced by any observations of this Court.

12. The two cases in which charge sheet has been submitted

includes the offence of murder. P. Abhi Pradhan, brother of the

petitioners who was an alleged witness in Rambha P.S. Case No. 619 of

2025 has been murdered on 13.08.2025 during investigation of Rambha

P.S. Case No. 619 of 2025 before his statement was recorded, for which

Rambha P.S. Case No. 651 of 2025 was registered. Petitioners who are

witness (es) / and informant in Rambha P.S. Case No. 651 of 2025 have

been arrayed as accused in Rambha Case No. 677 of 2025.

13. I am satisfied that in the interest of justice, investigation in

all the three cases should be conducted by the State Crime Branch.

14. It has been stated by the learned Additional Government

Advocate, that chargesheets have been filed in Rambha P.S. Case No.

//10//

619 of 2025 and Rambha P.S. Case No. 651 of 2025, while investigation

in Rambha P.S. Case No. 677 of 2025 is pending.

15. It is therefore directed that the State Crime Branch shall conduct

fresh investigation into Rambha P.S. Case No. 619 of 2025, Rambha

P.S. Case No. 651 of 2025 and complete the investigation in Rambha

P.S. Case No. 677 of 2025.

16. For the said purpose, the Addl. DG Crime Branch shall

assign the investigation to a competent officer.

17. The case diaries and other relevant documents in all the

three cases i.e. Rambha P.S. Case No. 619 of 2025, Rambha P.S. Case

No. 651 of 2025 and Rambha P.S. Case No. 677 of 2025 shall be handed

over to the SP, CID, Crime Branch by the I.I.C., Rambha Police Station,

if not handed over already pursuant to observations of this Court on

09.02.2026.

18. The CRLMP is accordingly disposed of with the aforesaid

directions.

......................

(Savitri Ratho) Judge

Orissa High Court, Cuttack Dated the 20th April, 2026/Sukanta

Signed by: SUKANTA KUMAR BEHERA Designation: Senior Stenographer Reason: Authentication Location: Orissa High Court, Cuttack Date: 24-Apr-2026 19:46:20