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Subhamitra Nayak vs State Of Orissa .... Opposite Party(S)
2026 Latest Caselaw 1668 Ori

Citation : 2026 Latest Caselaw 1668 Ori
Judgement Date : 23 February, 2026

[Cites 0, Cited by 0]

Orissa High Court

Subhamitra Nayak vs State Of Orissa .... Opposite Party(S) on 23 February, 2026

Author: Sanjeeb K Panigrahi
Bench: Sanjeeb K Panigrahi
                                       IN THE HIGH COURT OF ORISSA AT CUTTACK

                                                   CRLMC No.5615 of 2025
                                     Subhamitra Nayak           ....            Petitioner(s)
                                                                Mr. Manas Kumar Chand, Adv.

                                                             -versus-
                                     State of Orissa           ....            Opposite Party(s)
                                     (Vigilance)
                                                                     Mr. Niranjan Moharana, SC
                                                                  for the Department of Vigilance

                                           CORAM:
                                           HON'BLE DR.JUSTICE SANJEEB K PANIGRAHI
                             Order                             ORDER
                             No.                              23.02.2026

04. 1. This matter is taken up through hybrid arrangement.

2. In filing this CRLMC, the Petitioner being the sister-in-

law of the accused who has been booked based on the

allegation of possession of disproportionate assets, has

challenged the impugned order dated 27.10.2025 passed in

Criminal Misc. Case No.174 of 2023 arising out of V.G.R

No.52 of 2019, Cuttack Vigilance Cell P.S. Case No.17 of

2019 vide Annexure-1.

Apart from the above, the Petitioner has also sought for a

direction from this Court for releasing the gold and silver

ornaments which are seized from her Bank locker bearing

No.368, Union Bank, Madhusudan Nagar Branch in

Designation: Personal Assistant Reason: Authentication 3. Heard.

Location: High Court of Orissa Date: 23-Feb-2026 18:38:43

4. Challenging the impugned order dated 27.10.2025

passed in the above noted Criminal Misc. Case, learned

counsel for the Petitioner submits that the gold and silver

ornaments seized from the above noted Bank locker of the

Petitioner do not belong to the accused rather the said

ornaments were gifted to her by her mother-in-law and

her husband. He further contends that the Petitioner is

sister-in-law of the accused and her ornaments and other

valuable documents lying in the above noted Bank locker

have been seized only on suspicion. He, accordingly, prays

for allowing the prayer made in this CRLMC.

5. In his opposition, learned counsel for the Opposite

Party/Vigilance Department submits that the investigation

is going on and the seized materials are the subject matter

of disproportionate assets of the accused person. He

further contends that the Petitioner was also failed to

explain the source of procurement of the seized materials

at the time of seizure. He, accordingly, prays for dismissal

of this CRLMC.

6. Considering the submissions made on behalf of both the

parties, this Court while setting aside the impugned order

dated 27.10.2025 passed in the above noted Criminal Misc.

Case pertaining to the present Petitioner only, directs that

only the gold and silver ornaments seized from the above

Signed by: AYASKANTA JENA noted Bank locker of the Petitioner in connection with the Designation: Personal Assistant Reason: Authentication Location: High Court of Orissa Date: 23-Feb-2026 18:38:43

Cuttack Vigilance Cell P.S. Case No.17 of 2019, shall be

released in favour of the Petitioner in proper zimanama

within a period of ten working days from the date of

presentation of an authenticated copy of this order with a

condition that after completion of the trial, if the accused is

held to be the owner of the aforesaid ornaments, the

Petitioner shall deposit the said ornaments as per the order

of the learned Court in seisin over the matter without fail.

7. It is also directed that the Petitioner shall furnish

property/cash security of Rs.10,00,000/- (rupees ten lakh

only) before the learned Court in seisin over the matter.

She shall not change the nature and character of the said

ornaments. She shall not sell or mortgage the said

ornaments until completion of trial. She shall produce the

said ornaments as an when required by the learned Court

in seisin over the matter.

8. This CRLMC is, accordingly, disposed of.

(Dr. Sanjeeb K Panigrahi) Judge Ayaskanta

Designation: Personal Assistant

Location: High Court of Orissa Date: 23-Feb-2026 18:38:43

 
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