Manas Kumar Mohanty vs State Of Odisha
2026 Latest Caselaw 2018 Ori

Orissa High Court

Manas Kumar Mohanty vs State Of Odisha on 6 March, 2026

Author: Savitri Ratho

Bench: Savitri Ratho

                    IN THE HIGH COURT OF ORISSA AT CUTTACK
                                 CRLMP No. 262 of 2026
                 Manas Kumar Mohanty                      ....       Petitioner

                                             Mr. Saroj Kumar Dash, Advocate
                                           -versus-
                 1. State of Odisha, represented through
                 its Commissioner -Cum- Secretary,
                 Home Department, Bhubaneswar
                 2. D.G & I.G. of police. Police
                 Headquarters, Cuttack
                 3. Superintendent of Police, Dhenkanal
                 4. Inspector in-charge of Dhenkanal
                 Sadar, Dhenkanal                          ....    Opp. Parties
                                                        Mr. Raj Bhusan Dash,
                                                  Additional Standing Counsel
                     CORAM:
                           JUSTICE SAVITRI RATHO
                                 ORDER

Order No.                       06.03.2026
                                (Through hybrid Mode)

  01.       1.       This CRLMP has been filed for a direction to Opposite

Party No.4 to conduct proper investigation in Dhenkanal Sadar P.S. Case No. 833 of 2025 by adding the offence triable by the Court of the Sessions in view of the medical report (Annexure-2) annexed to the CRLMP.

2. Mr. Saroj Kumar Dash, learned counsel for the Petitioner submits that the Petitioner had been assaulted by one Sashadhar Rout and Samira Rout on 12.10.2025. He was assaulted on the head with an iron rod and sustained injury on the head and was treated at the District Headquarters Hospital, Dhenkanal on the same day. But the case has been registered only for commission

of offences punishable under Sections 126(2), 296, 115(2) and 3(5) of BNS.

3. Perused the FIR which has been annexed as Annexure-1 to the CRLMP. The written complaint reveals that the Petitioner has specifically stated in the FIR that the assault was murderous (Maratmaka) and he has sustained serious injury due to assault on his head with an iron rod. Prima facie this discloses an offence under Section 307 of IPC.

4. As investigation is in progress, it is expected that while submitting the final form, the I.O. will take into account the allegations made in the FIR and statements of the witnesses and ensure that the final form is submitted in accordance with law. Even if the case has not been registered under Section 109 of BNS, if the materials and / or statements recorded during investigation make out such offence, the said offence can be included in the final form.

5. With the above observations, the CRLMP is disposed of.

6. Urgent certified copy of this order be granted on proper application.

(Savitri Ratho) Judge Sukanta

Signed by: SUKANTA KUMAR BEHERA

Reason: Authentication Location: Orissa High Court, Cuttack Date: 06-Mar-2026 20:16:35