Citation : 2026 Latest Caselaw 1459 Ori
Judgement Date : 17 February, 2026
IN THE HIGH COURT OF ORISSA AT CUTTACK
CRLMP No. 1357 of 2025
Arjun Parida .... Petitioner
Mr. Biswojeet Lenka, Advocate
-versus-
1. State of Odisha
2. Director General of Police,
Odisha, Cuttack
3. Superintendent of Police, Puri
4. Sub Divisional Police Officer,
Nimapara, Puri
5. Inspector-in-Charge,
Nimapara, Puri .... Opposite Parties
Mr. Saroj Kumar Rout,
Additional Standing Counsel
CORAM:
THE HON'BLE MISS JUSTICE SAVITRI RATHO
ORDER
17.02.2026 Order No.
04. (Through hybrid mode)
1. The CRLMP has been filed with the prayer for direction to
Opposite Party No.4 i.e. SDPO, Nimapara, Puri to conduct an
enquiry in connection with Nimapara P.S. Case No.289 of 2025 in
fair and partial manner and rescue the minor victim girl from the
clutches of the accused and take suitable action against the accused
person in accordance with law. (emphasis supplied)
2. So the prayer is prima facie misconceived and possibly due
to failure of the learned counsel to verify the prayer before filing the
CRLMP. This careless attitude is not appreciated by this Court.
3. From the averments in the CRLMP it is apparent that the
Petitioner, who is the father of the minor victim girl, who is missing
since September, 2025, is aggrieved as effective steps have not been
taken for rescue of the minor victim girl.
4. Perused the instructions dated 16.02.2026 of the IIC,
Nimapara P.S. addressed to the Advocate General, Odisha, Cuttack,
which is produced by Mr. S.K. Rout, learned Additional Standing
Counsel where although it is stated that after formation of the squad
consisting of IIC, Nimapara P.S., the IO and others, raids have been
conducted in suspicious areas in the months of December, January
and February to rescue the minor victim girl and requisitions have
been sent to the bank authority, prayer has been made to the S.P.
Puri to move the service provider to know whether any new SIM has
been taken by the accused/victim and preliminary charge-sheet has
been submitted against the accused Babuli Behera and Tofan Behera
(without mentioning date of charge sheet has been filed). Copies of
the letters have been included in the instructions. The instructions
be scanned and incorporated in the digital record.
5. Mr. S.K. Rout, learned Additional Standing Counsel
submits that the Petitioner should file a writ application praying for a
writ of habeas corpus instead of complaining about the inaction of
the Police.
6. It appears that the FIR was registered in the month of
September, 2025 and till date the victim girl has not been rescued.
7. I am, therefore, not satisfied with the instructions imparted
by the IIC, Nimapara Police Station, or the submission of the learned
State Counsel which I find to be prima facie fallacious.
8. In view of the submissions of the learned counsel that the
victim is still a minor, the Opposite Party Nos.4 and 5 shall file an
affidavit by 06.03.2026 regarding steps taken for rescue of the
victim girl. If the Court is not satisfied that proper steps have been
taken for rescue of the victim girl, the Court may consider changing
the Investigating Officer in the case.
9. List this case on 10.03.2026.
(Savitri Ratho) Judge RKS
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