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Orissa High Court
Bhagaban Panigrahi vs State Of Odisha ....... Opposite Party ... on 24 February, 2026
Author: Sanjeeb K Panigrahi
Bench: Sanjeeb K Panigrahi
IN THE HIGH COURT OF ORISSA AT CUTTACK
CRLMC No. 376 of 2026
Bhagaban Panigrahi ........ Petitioner(s)
Ms. Adisha Mohanty, Adv.
-Versus-
State of Odisha ....... Opposite Party (s)
Ms. Gayatri Patra, ASC
CORAM:
DR. JUSTICE SANJEEB K PANIGRAHI
ORDER
24.02.2026
I.A. No.362 of 2026
Order No.
03.
1. This matter is taken up through hybrid arrangement.
2. Heard.
3. This is an application for dispensing with filing of certified copy
of the impugned order dated 03.08.2023.
4. Considering the averments made in the application, filing of
certified copy of the impugned order is dispensed with.
5. The I.A. is disposed of.
6. Heard.
7. This is an application to implead the informant as Opposite Party
8. Having heard learned counsel for the parties and upon perusal of
the averments made in the present I.A., this Court is satisfied that
the party sought to be impleaded, as described in the schedule
appended to the I.A., is a necessary and proper party for the just,
complete, and effective adjudication of the lis involved in the
present proceeding.
9. In view of the above, the prayer made in this I.A. stands allowed.
The applicant is directed to take necessary steps for impleadment
of the aforesaid party within the time stipulated by the Registry.
Consolidated cause title be filed in court today. The same be kept
on record.
10.The I.A. is accordingly disposed of.
11.Heard.
12. Issue notice to the newly added Opposite Party No.2/Informant
through Special messenger by fixing the date of appearance to
17th March, 2026. Cost of the special messenger shall be assessed
and deposit be made by within three working days hence.
13.Learned counsel for the Petitioner is directed to serve a copy of
the CRLMC on learned Additional Standing Counsel for the State
within three working days in order to enable him to serve notice
upon the informant through the local police regarding hearing of
the case.
14.List this matter on 17th March, 2026.
15.Heard.
16.Learned counsel for the Petitioner submits that the Petitioner
who is aged about 64 years, is a senior citizen and is presently
battling carcinoma periampullary mucinous adenocarcinoma, a
grave and life-threatening malignancy necessitating constant
medical attention and sustained treatment. It is further submitted
that the wife of the Petitioner is suffering from schizophrenia and
is entirely dependent upon him for her care, supervision, and
day-to-day survival.
17. It is vehemently contended that, in the backdrop of the
Petitioner's grave and debilitating medical condition, coupled
with the acute psychiatric vulnerability of his spouse who is
wholly dependent upon him for her sustenance and supervision,
compelling the Petitioner to submit himself to the rigours of the
present criminal proceeding would visit him with
disproportionate hardship and shall occasion irreparable
prejudice. It is urged that the law, though firm in its command, is
not unmindful of human frailty, and that procedural rigor ought
not to eclipse considerations of fairness and compassion where
circumstances so warrant. On such premises, learned counsel
prays that further proceedings initiated against the Petitioner be
stayed in the interest of justice.
18. Having given a thoughtful consideration upon the submissions
advanced at the Bar, and keeping in view the grave medical
emergency of the Petitioner along with the dependent and
precarious state of his spouse, this Court is of the considered
opinion that the facts and circumstances do justify the grant of
limited interim protection.
19. Accordingly, as an interim measure and subject to further
orders, it is directed that further proceedings in C.T. Case No.85
of 2025 (arising out of G.R. Case No.850 of 2020), corresponding
to Malkangiri P.S. Case No.401 of 2020, pending before the Court
of the learned Additional Sessions Judge, Malkangiri, shall
remain stayed qua the present petitioner for a month from today.
20. List the matter on 17th March, 2016.
21.Considering the urgency in this matter, it is made clear that
downloaded copy of this order from the website of this Court be
treated as an authenticated copy.
( Dr. Sanjeeb K Panigrahi)
Judge
Murmu
