Sabyasachi Panda vs State Of Orissa on 17 February, 2026

                   IN THE HIGH COURT OF ORISSA AT CUTTACK
                                 CRLMP No. 45 of 2026
                 Sabyasachi Panda                          ....       Petitioner
                                          Ms. Adyasha Mohapatra, Advocate
                                    On behalf of Mr. M.M. Patnaik, Advocate
                                           -versus-
                 1. State of Orissa, represented through
                 Secretary, Department of Home,
                 Bhubaneswar
                 2. Director of Prosecution, Odisha,
                 Bhubaneswar
                 3. Director General of Police, Odisha
                 4. Inspector General, Crime Branch,
                 Odisha, Cuttack                         ....       Opp. Parties

                                                      Mr. Saroj Kumar Rout,
                                                 Additional Standing Counsel

             CORAM:
                  HON'BLE MISS JUSTICE SAVITRI RATHO
                           ORDER

Order No.                 17.02.2026
                               (Through hybrid Mode)

  03.       1.      Perused the report dated 07.02.2026 regarding the present

status of S.T. Case No.134 of 2016, S.T. Case No.18 of 2017, S.T. Case No.6 of 2017(T), S.T. Case No.7 of 2017, S.T. Case No.12 of 2017, S.T. Case No.14 of 2017, S.T. Case No.129 of 2016, S.T. Case No.131 of 2016, S.T. Case No.132 of 2016, S.T. Case No.135 of 2016, S.T. Case No.05 of 2017, S.T. Case No.06 of 2017, S.T. Case No.13 of 2017 and S.T. Case No.17 of 2017 submitted by the learned Addl. Sessions Judge, Balliguda.

From perusal of the report, it appears that (i) S.T. No. 134 of 2016 has been disposed of on 03.01.2026.

(ii) In S.T. Case No.6 of 2017(T), S.T. Case No.7 of 2017, S.T. Case No.12 of 2017 and S.T. Case No.14 of 2017, where the accused is facing trial under Section 124-A of the IPC along with other offences, as per the order passed by the Supreme Court in the case of S.G. Vombatkere vs. Union of India (in W.P.(C) No. 682 of 2021), the trial of the cases has been kept in abeyance. The case is posted to 24.02.2026 awaiting further intimation from the Supreme Court.

(iii) In S.T. Case No.18 of 2017 - list of witnesses have been filed by Additional Special P.P. on 19.05.2025 and one witness has been examined. The record is posted to 24.02.2026 for further evidence.

(iv) In S.T. Case No.129 of 2016 - Medical officer namely Dr. Narayan Kara, who was M.O., CHC, Daringbadi has not appeared to adduce evidence in spite of issue of repeated summons through the CDMO, Phulbani. Letter has been issued to the Director of Health Services, Bhubaneswar to direct the medical officer to appear and adduce evidence and the case is posted to 24.02.2026.

(v) S.T. Case No.131 of 2016 is awaiting recording the evidence of D.S.P., Headquarter, Kandhamal R.C. Maharana, D.S.P., H.R.P.C., Kandhamal S.R. Mallick and one S.N. Murmu, S.D.P.O., Balluguda (at the time of alleged occurrence). These witnesses have not appeared. The Additional Special P.P. has been directed to furnish their present and correct addresses and letters have been issued to the A.I.G. of Police Administration, Cuttack and letter of request has been made to the Director of

Public Prosecution, Odisha to direct the I.Os. to appear and adduce evidence and the case is posted to 24.02.2026.

(vi) S.T. Case No.132 of 2016 is awaiting the evidence of witnesses Santosh Kumar Maharana, Clauido Colangelo of Italy and Basusco Paulo of Italy who were tourists at the time of the alleged incident and as the Special P.P. failed to produce these witnesses, letter of request has been made to the Director of Public Prosecution for causing production of these witnesses to adduce evidence and the case is posted to 24.02.2026.

(vii) S.T. Case No.135 of 2016, is lingering waiting for evidence of three witnesses namely Mandisha Beheramajhi, Madi Arisa Beheramajhi and Landu Mallick, who had not appeared in spite of repeated summons issued to them. The summons could not be served as they were not found in their addresses. The Special P.P. has been directed to furnish their present and correct addresses and request has been made to the Director of Public Prosecution, Odisha to produce these witnesses to adduce evidence on 24.02.2026.

(viii) In S.T. Case No.5 of 2017, the record is pending for evidence of two material witnesses who were at the time of the occurrence one Siba Charan Behera, S.I of police at Kotagarh P.S and one S.N Murmu, the investigating officer who was S.D.P.O at Phulbani at the time of the alleged occurrence. Inspite of repeated summons issued to them they neither turned up physically or through V.C to adduce evidence. Now letters have been issued to the A.1.G of Police Administration, Cuttack and letter of request has been made to the Director of Public

Prosecution, Odisha for directing these two witnesses to appear and adduce evidence. The case is posted to 24.02.2026.

(ix) S.T. Case No.6 of 2017 is lingering for evidence of four material witnesses - Haridas Bhoiyar, S/o-Bhanrow Bhoiyar of C.B/8 BN CRPF, Siba Charan Behera S.I of police Kotagarh P.S, one Laxman Mallick, S.I of police Kotagarh P.S and S.N Murmu, S.D.P.O, Phulbani Sadar. None of the witnesses are turning up either physically or through V.C to adduce evidence in spite of issue of repeated summons. The learned Addl. Special P.P has been directed to procure their attendance and letters have been issued to the A.L.G of Police Administration, Cuttack and letter of request has been made to the Director of Public Prosecution, Odisha for directing these witnesses to appear and adduce evidence. The record stands posted to 24.02.2026.

(x) S.T. Case No.13 of 2017 is lingering for appearance of material witnesses - informant Bholanath Nayak who was A.S.I of police at Subarnapur Outpost under Kotagarh P.S at the time of the alleged occurrence, one Rita @ Arati Patra, D/o-Srinibas Patra of Vill-Gochha, P.S.-Adaba, Dist-Gajapati who is the victim, the three investigating officers namely S.K. Padhi who was IIC at Kotagarh P.S, Satyajit Nayak who was S.D.P.O. at Balliguda and S.N Murmu who was S.D.P.O at Phulbani Sadar at the time of the alleged incident. None of the official witnesses are turning up either physically or through V.C to adduce evidence inspite of repeated summons issued. The learned Addl. Special P.P has been directed to procure their attendance and also the victim and also letters have been issued to the A.I.G of Police Administration, Cuttack to procure the attendance of all official

witnesses and letter of request has been made to the Director of Public Prosecution, Odisha for directing these witnesses to appear and adduce evidence. The case is posted to 24.02.2026.

(xi) S.T. Case No.17 of 2017, is lingering for evidence of three material witnesses Jayarashmi Sethi who was S.I at G.Udayagiri P.S, Gobinda Chandra Behera A.S.I at G.Udayagiri P.S at the time of the alleged incident and the 1.0 of this case namely Amresh Kumar Panigrahi who was the S.D.P.O at G. Udayagiri at the time of the alleged incident. The official witnesses are not turning up either physically or through V.C to adduce evidence inspite of issue of repeated summons. The learned Addl. Special P.P has been directed to procure their attendance and also letters have been issued to the A.I.G of Police Administration, Cuttack to procure the attendance of all official witnesses and letter of request has been made to the Director of Public Prosecution, Odisha for directing these witnesses to appear and adduce evidence. The record stands posted to 24.02.2026.

2. In view of the above report, it is apparent that most of the trial are lingering for non-appearance of witnesses, most of whom are government officials. Hence the learned State Counsel shall take instructions and ensure that these witnesses appear on 24.02.2026 or the next date either physically or on virtual mode to adduce their evidence. Arrangements for appearance of witnesses who are staying abroad, to adduce evidence by virtual mode should be done as it is not possible to secure their physical presence in the Court.

3. As the Petitioner is in custody since more than 12 years, Ms. Adyasha Mohapatra, learned counsel appearing on behalf of

Mr. M.M. Patnaik, learned counsel for the Petitioner relies on the decision of this Court in the case of D. Anita Majhi Mila & Others vs. State of Odisha & Others (WPCRL No. 93 of 2022 disposed of on 09th February, 2023), where the accused persons were in custody since about 7 years, direction was issued to conclude the trial within next four months or for release of the Petitioner on bail on suitable terms and conditions.

4. Counter affidavit / objection, if any, shall be filed by the Opposite Parties by 09.03.2026 after serving copy of the same on Ms. Adyasha Mohapatra, learned counsel for the Petitioner.

5. List this case on 16.03.2026.

(Savitri Ratho) Judge Sukanta

Signed by: SUKANTA KUMAR BEHERA Designation: Senior Stenographer

Location: Orissa High Court, Cuttack Date: 19-Feb-2026 17:17:05