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Orissa High Court
Swarnalata Rout vs State Of Odisha on 29 April, 2026
IN THE HIGH COURT OF ORISSA AT CUTTACK
CRLMP No. 480 of 2026
Swarnalata Rout .... Petitioner
Ms. S.S. Pratihari, Advocate
-versus-
1. State of Odisha
2. Director General of Police,
Odisha, Cuttack
3. Deputy Commissioner of
Police, Cuttack
4. Inspector-in-Charge,
Madhupatna Police Station,
Cuttack .... Opposite Parties
Mr. Ashok Kumar Apat
Additional Government Advocate
CORAM:
THE HON'BLE MISS JUSTICE SAVITRI RATHO
ORDER
29.04.2026
Order No.
01. (Through hybrid mode)
1. The CRLMP has been filed with the following prayer:
"That it is prayed, therefore that this Hon'ble Court may
graciously be pleased to direct the opposite parties to register
the case, take necessary action as per law & investigate the
matter and any other order as deem fit be passed.
And for this act of kindness the petitioner as in duty
bound shall ever pray."
2. The Opposite Parties No.1 to 4 are the State of Odisha,
represented through the Secretary, Home Department, Government
of Odisha, Director General of Police, Deputy Commissioner of
Police, Cuttack and Inspector-in-Charge, Madhupatna Police Station
respectively. No direction can be issued to Oppsite Parties No.1, 2
and 3 to register any case. It is also not stated in the prayer as to on
what basis the case should be registered.
3. Ms. S.S. Pratihari, learned counsel for the Petitioner
submits that Abhijit Rout, son of the Petitioner, has been implicated
in a false case at the instance of Bablu Nayak of Balikuda,
Jagatsinghpur and Abhijit Rout is in jail custody, but accused Bablu
Nayak is threatening him.
4. Mr. A.K. Apat, learned Additional Government Advocate
produces the instructions dated 15.04.2026. The contents of which
are extracted below.
"Respected Sir,
With reference to the letter on the subject cited above, I
enquired into the contents of the petition of the petitioner
Swarnalata Rout Vrs. State of Odisha and the enquiry is as
follows:
During enquiry it is ascertained that one Bablu Nayak
S/o Hatadhari Nayak of Rahama, Murunia, Jagatsinghpur
residing at Nuabazar under Madhupatna PS. Then the
petitioner's son Abhijit Rout came in contact with Bablu Nayak
and they became friend. A report was received at Madhupatna
Police Station on 07.01.2026 at about 11.30 PM, wherein Badri
Narayan Das of Nuapada, Madhupatna, Cuttack, alleged that
Bablu Nayak, S/o Hatadhari Nayak of Rahama, Murunia,
Jagatsinghpur, along with his associates, opened a fake
business account in the name and style as Orangi APT
Technology Services Pvt. Ltd. and, during the course of the said
business, allegedly misused bank accounts by maintaining nexus
with cyber criminals and indulging in illegal fund transfers.
In order to verify the veracity of the allegations, it is
ascertain that accused Bablu Nayak was called to Madhupatna
Police Station for examination. In compliance, he appeared
before the undersigned along with his vehicle bearing
registration number OD-05-BY-1112 (Tata Harrier). On
sustained interrogation, he admitted that he and his associates
were involved in Telegram-based task fraud, wherein they were
collecting bank accounts from different persons and routing
illegal transactions through such accounts, commonly referred
to as mule accounts.
During the enquiry, when Bablu Nayak opened his
vehicle, the following articles were found inside the vehicle and
he could not give any satisfactory explanation. Hence, 10 (ten)
mobile phones of different makes and models, 08 (eight) VISA
Debit Cards of different banks and in different names, 10 (ten)
RuPay Debit Cards of different banks and in different names
and one Tata Harrier vehicle bearing Regd. No. OD-05-BY-
1112 have been seized.
The possession of multiple mobile phones and debit cards
in different names, without any plausible explanation, clearly
indicates systematic involvement in organised cyber fraud and
mule-account operations. Upon further examination, he stated
that he, along with Bhabani Shankar Prusty and Siba Prasad
Sahoo, was operating a Telegram task-based fraud scheme and
a betting application. He further disclosed that, along with
Rudra Madhab Mohapatra and Pinnu Pinang Narayan Dash, he
was engaged in procuring customers for opening bank accounts
in various banks. The customers were paid money for opening
such accounts; however, the account credentials and
operational control remained with the accused persons. He also
revealed that during the account-opening process and
subsequent unfreezing of accounts, certain bank employees
knowingly assisted them, namely Hari of Utkarsha Bank Pvt.
Ltd., Debasis Mallik of Axis Bank, and Swarajya Samal of
Suryodaya Finance Ltd. After detailed examination of both the
complainant, Badri Narayan Das and the accused Bablu Nayak,
and based on oral admission, material recovery and preliminary
verification, it has been prima facie established that Mule bank
accounts were being actively used. Illegal transfer of funds was
being carried out through multiple bank accounts. The total
volume of suspicious financial transactions exceeds
21,00,00,000/- (Rupees One Crore). The seized mobile phones,
debit cards and vehicle appear to be instrumentalities of
cybercrime. And I submitted written report IIC cyber PS and as
per my report Cyber PS Case No. 05 dtd. 09.01.2026 U/s
318(4)/319(2)/338/336(3)/340(2)/112/61(2) BNS R/W Sec.
66(C)/66(D) IT Act was registered and investigated into.
During investigation, total 14 accused persons were
arrested and forwarded to the Hon'ble Court including the
petitioner's son namely Abhijit Rout and now he is in judicial
custody.
This is for favor of kind information."
5. From these instructions, it is apparent that Cyber P.S. Case
No.05 dated 09.01.2026 has been registered under Sections
318(4)/319(2)/338/336(3)/340(2)/112/61(2) of the BNS read with
Section 66(C)/66(D) of the IT Act and during investigation, fourteen
persons have been arrested including Abhijit Rout, the son of the
Petitioner. On interrogation, Bablu Nayak has disclosed that along
with Rudra Madhab Mohapatra and Pinnu Pinang Narayan Dash he
was engaging in procuring customers for opening bank accounts in
the various banks. The customers were paid money for opening of
such accounts but the account credentials and operational control
remained with the accused persons and that during account opening
process, and subsequent unfreezing of accounts, certain bank
employees knowingly assisted them, namely, Hari of Utkarsha Bank
Pvt. Ltd., Debasis Mallik of Axis Bank and Swarajya Samal of
Suryodaya Finance Ltd. After detailed examination of the
complainant, Badri Narayan Das and the accused Bablu Nayak and
based on oral admission, material recovery and preliminary
verification, it has been established that Mule bank accounts were
being actively used and illegal transfer of funds was being carried
out through multiple bank accounts. So the allegation of the
Petitioner that the account of her son was utilized by Bablu Nayak
may have some truth and is being investigated into in Cyber P.S.
Case No.05 dated 09.01.2026.
6. I am, therefore, not satisfied that any direction is required
to be issued for registration of any FIR on the complaint of the
Petitioner. But as it is stated by Ms. Pratihari, learned counsel for the
Petitioner that Abhijit Rout who is in custody is being threatened by
Bablu Nayak, the IIC, Madhupatna Police Station should enquire
into this allegation and take action as mandated under law.
7. With this observation, the CRLMP is disposed of.
(Savitri Ratho)
Judge
RKS
