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Orissa High Court
Shivashankar Maity vs State Of Odisha on 18 March, 2026
IN THE HIGH COURT OF ORISSA AT CUTTACK
CRLMP No. 199 of 2026
Shivashankar Maity .... Petitioner
Mr. Sandeep Raj Panda, Advocate
-versus-
1. State of Odisha, represented
through the Secretary to Government,
Home Department, Bhubaneswar
2. Director General of Police, Odisha,
Police Headquarters, Cuttack
3. Additional Director General of
Police, C.I.D. (C.B.), Police
Headquarters, Cuttack
4. Superintendent of Police, Bhadrak
5. Inspector -In- Charge, Dhamara
Marine Police Station
6. Babu @ Sankarlal Jena .... Opp. Parties
Mr. Amitabh Pradhan,
Additional Standing Counsel
CORAM:
HON'BLE MISS JUSTICE SAVITRI RATHO
ORDER
Order No. 18.03.2026
(Through hybrid Mode)
03. 1. This CRLMP has been filed with a prayer for transferring
the investigation of Dhamara Marine P.S. Case No. 05 of 2025
from the Inspector In-Charge, Dhamara Marine Police Station to
the Additional Director General of Police, (Crime Branch),
Odisha, Cuttack - Opposite PartyNo.3 for better and impartial
investigation of the case.
2. As per instruction dated 19.02.2026, the case has been
registered under Sections 296/115(2)/118(1)/109/3(5) of the BNS
on 03.03.2025 on the information of one Amar Maity. Amar
Maity expired on 03.03.2025 for which the case turned under
Section 103/3(5) of the BNS. It is stated that accused Babu @
Sankarlal Jena was arrested on 03.03.2025 as there was ample
evidence under Sections 103/3(5) of the BNS against him and he
was forwarded to the Court of learned JMFC, Chandbali on
04.03.2025. Thereafter, investigation is continuing. Sibasankar
Maity (Petitioner), son of the deceased Amar Maity and his
nephews Subhankar Maity and Sanjeeb Maity have been
examined on 03.03.2025 and 04.03.2025. The Mangalabag P.S.
UD Case No.432/2025 along with postmortem report has been
obtained on 04.08.2025. In spite of several raids, Suresh Behera
and Santosh Dalai have not been arrested and the case is pending
for their arrest.
3. Mr. Sandeep Raj Panda, learned counsel for the Petitioner
submits that although Babu @ Sankarlal Jena has been arrested,
but as the police could not complete investigation in time nor
submit a preliminary charge sheet, Babu @ Sankarlal Jena was
granted bail under Section 187(3) of the BNSS. He further
submits that the I.O. is not taking proper steps for arrest of the
other accused persons.
4. In view of the allegations that the I.O. is not taking proper
steps for arrest of the other accused persons, instructions had
been sought on 23.02.2026. As the instructions dated 19.02.2026,
of the I.I.C. were not satisfactory, on 12.03.2026, the matter had
been adjourned to today with the expectation that the accused
persons would be arrested by this date.
5. Mr. Amitabh Pradhan, learned Additional Standing
Counsel submits that initially one Krushna Chandra Nayak, ASI,
Dhamara Marine Police Station was conducting the investigation
as the case turned to one under Section 103, 3(5) of BNS the
Sub-Inspector, Shovan Kumar Swain of Dhamara Marine Police
Station took over the investigation. The said I.O. is in-charge of
the investigation since 03.03.2025.
6. The copy of the case diary has been produced by Mr.
Pradhan, learned Additional Standing Counsel.
7. Perusal of the same reveals that Babu @ Sankarlal Jena
has been arrested on 03.03.2025 and forwarded on 04.03.2025.
Request was made to the I.I.C., Mangalabag Police Station to
provide the U.D. case record relating to Mangalabag P.S. U.D.
Case No. 432 of 2025 and on 10.03.2025, the SDPO in-charge of
Chandbali Police Station was supervising this case. On
23.09.2025, the I.O. reached the Mangalabag Police Station and
took over the documents and took possessions of the documents
in Mangalabagh P.S. U.D. Case No. 432 of 2025 which is more
than six months after taking over charge of the case.
8. On account of his inability to complete investigation and
submit charge sheet, Babu @ Sankarlal Jena has been granted
bail under Section 187(3) of BNSS, which however is not
reflected in the case diary.
9. The allegation of the Petitioner is that as the co-accused
persons Suresh Behera and Santosh Dalai have been political
connections, the I.I.C., is not taking effective steps further arrest.
He also submits that to the best of his knowledge no interim
order has been passed by any superior Court which could prevent
the I.O. from arresting them.
10. After perusal of the case diary, I am not satisfied with the
investigation conducted by the I.I.C. Dhamara Marine Police
Station.
11. The Superintendent of Police, Bhadrak is therefore
directed to change the Investigating Officer in the case and hand
over the investigation of the case to any other competent officer
and ensure that the case is supervised by a Senior Officer.
12. With the observations, the CRLMP is disposed of.
13. Urgent certified copy of this order be granted on proper
application.
14. Copy of this case diary be returned to the learned State
Counsel.
(Savitri Ratho)
Judge
Sukanta
Signed by: SUKANTA KUMAR BEHERA
Designation: Senior Stenographer
Location: Orissa High Court, Cuttack
Date: 20-Mar-2026 22:14:45
