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Orissa High Court
Rokkam Ananta vs State Of Orissa Represented Through on 17 February, 2026
IN THE HIGH COURT OF ORISSA AT CUTTACK
CRLMP No. 975 of 2025
Rokkam Ananta .... Petitioner
Mr. Satrughna Dash (A), Advocate
-versus-
1. State of Orissa represented through
Director General of Police, Cuttack
2. Superintendent of Police, Gajapati
3. Inspector in-Charge, Kahinagar
4. Rama Sabar
5. Kartika Sabar
6. Dasarathi Sabar
7. Surendra Sabar
8. Singanna Sabar
9. Nilambar Sabar
10. Sashi Sabar
11. Damo Sabar
12. Dubbi @ Duba Sabar
13. Syamala Sabar
14. Sambai Sabar
15. Smt. Punyabati Sabar .... 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)
08. 1. This CRLMP has been filed for a direction to Opposite
Party Nos. 2 and 3 to arrest Opposite Party Nos. 4 to 15 and to
direct to learned Gram Nyayadhikari -cum- Judicial Magistrate
First Class, Kashinagar to initiate the proceeding under Sections
82 and 83 of Cr.P.C.
2. Pursuant to order dated 02.02.2026, the affidavit has been
filed by the I.I.C., Kashinagar Police Station on behalf of
Superintendent of Police, Ganjam as well as himself.
3. In the affidavit, it has been stated that on 26.08.2025, Sunil
Kumar Behera, the then I.I.C. along with staff and photographs
(typographical error for "photographers") had proceeded to
village Armada, but all the accused persons had left the houses,
so they pasted all the proceedings, copies in the name of the
accused persons on the front wall of their respective house
followed with proper announcement in Odia language and drum
bits (typographical error for "beats") requiring all the accused
persons to appear in the Court of the learned G.N. -cum-
J.M.F.C., Kashinagar on 11.09.2025. Some photographs of the
front / entrance door of the accused persons, have been annexed
to the affidavit. Perusal of the photographs reveals that only one
door has been locked from outside and all the other doors have
merely been bolted. It is therefore apparent that the occupants of
the houses could not have gone far or for long.
4. Be that as it may, it is apparent that the earlier I.I.C. has
failed to execute the NBWs issued against the accused persons.
The affidavit does not reveal that the present I.I.C. is interested to
take any steps for execution of the NBW.
5. Process under Sections 82 and 83 of the Cr.P.C. has been
issued simultaneously without following proper procedure under
Section 83 of the Cr.P.C. On 17.02.2025, the file has been sent to
the dormant file without following the proper procedure.
6. It is therefore directed, that if the complainant furnishes
the details of the property of the accused persons in accordance
with Section 83 of the Cr.P.C., order of attachment of their
properties shall be passed. The attachment of the property shall
be done in accordance with Sections 83 of Cr.P.C. or Section 85
of the BNSS expeditiously preferably within fifteen days of the
date of production of the details of the properties of the accused
persons by the Petitioner.
7. Learned counsel for the Petitioner undertakes to furnish
the details of the properties before the learned Gram
Nyayadhikari -cum- Judicial Magistrate First Class, Kashinagar
within two weeks from today along with copy of this order.
8. With this observation, the CRLMP is disposed of.
9. As the local police has evinced no interest or inclination to
execute the warrants which have been issued against the accused
persons, this Court has no other alternative other than directing
for issue of attachment order under Section 83 of the Cr.P.C.
with the hope that this will ensure appearance in the accused
persons in the Court below.
10. Needless to say that if the accused persons surrender in the
Court or are produced on execution of NBW, order for
attachment need not be passed.
11. Urgent certified copy of this order be granted on proper
application.
(Savitri Ratho)
Judge
Digitally Signed Sukanta
Signed by: SUKANTA KUMAR BEHERA
Designation: Senior Stenographer
Location: Orissa High Court, Cuttack
Date: 19-Feb-2026 17:17:05
