Kalpana Jena vs State Of Odisha & Others .... Opp. ...
2026 Latest Caselaw 3637 Ori

Orissa High Court

Kalpana Jena vs State Of Odisha & Others .... Opp. ... on 20 April, 2026

Author: Savitri Ratho

Bench: Savitri Ratho

                  IN THE HIGH COURT OF ORISSA AT CUTTACK
                              CRLMP No.444 of 2026
                  Kalpana Jena                           ....             Petitioner

                                                           Mr. B. Jena, Advocate

                                             -versus-

                  State of Odisha & Others               ....          Opp. Parties

                                                          Mr. Amitabh Pradhan,
                                                    Additional Standing Counsel

                 CORAM:
                               JUSTICE SAVITRI RATHO

Order No.                                ORDER
                                        20.04.2026
                                  (Through Hybrid Mode)
   02.      1.      The grievance of the Petitioner is that although the husband of

the Petitioner Badal Jena had sustained serious injuries, but while

registering Choudwar P.S. Case No.76 of 2026 , the offence under

Section 109 of BNS, 2023 has not been included.

2. Perusal of Annexure-1, which is copy of the F.I.R. reveals that

case has been registered under Sections 115(2),126(2) & 296 of BNS,

2023 against one Mananda Jena. It has also been stated in the F.I.R.

that Mananda Jena had assaulted Badal Jena, husband of the

Petitioner with a bamboo stick resulting in head injury. Annexure-2

is the representation dated 17.02.2026 sent through Speed Post

addressed to the DCP, Cuttack along with the photograph stated to be of the husband of the Petitioner with the bandage on his head.

3. It is submitted that the injury report of the husband of the

Petitioner has already been seized by the police.

4. No direction can be issued to the police regarding the way the

matter is to be investigated into, but if the materials during

investigation reveal that offence under Section 109 of BNS, 2023 is

made out, it is the duty of the police to take into account while

submitting final form in the case.

3. With the above observation, the CRLMP is disposed of.

(Savitri Ratho) Judge

amit

Location: HIGH COURT OF ORISSA, CUTTACK