Kumar Abhijeet Sahoo vs State Of Orissa on 24 March, 2026

                 IN THE HIGH COURT OF ORISSA AT CUTTACK
                             CRLMP No. 244 of 2026
             Kumar Abhijeet Sahoo                   ....              Petitioner

                                       Mr. Prasanjeet Mohapatra, Advocate,
                                 on behalf of Mr. Adhiraj Mohanty, Advocate
                                        -versus-

             1. State of Orissa, represented
             through
             Secretary,   Home     Department,
             Bhubaneswar
             2.            Inspector-in-Charge,
             Lahunipada Police Station
             3. Superintendent of Police,
             Sundargarh
             4. Superintendent of Police,
             Economic Offences Wing (EOW),
             Odisha       Crime         Branch,
             Bhubaneswar
             5. Pradeep Kumar Sahoo             ....           Opposite Parties

                                                    Mr. Sarathi Jyoti Mohanty,
                                                   Additional Standing Counsel


            CORAM:
              THE HON'BLE MISS JUSTICE SAVITRI RATHO
                                       ORDER

24.03.2026 Order No.

04. (Through hybrid mode)

1. This CRLMP has been filed with the following prayer;

"In view of the facts and circumstances stated hereinabove, it is most humbly prayed that this Hon'ble Court may be pleased to:

(a) Direct proper investigation to be conducted by the local police under the supervision of Superintendent of Police, Sundargarh (O.P. No.2) in connection with FIR No.0197 dated 25.09.2024 of Lahunipada Police Station, District-

Sundargarh;

(b) Direct the transfer of investigation of the said case to the Crime Branch, Odisha (Economic Offences Wing) or with the aid and assistance of specialised Cyber Crime Police Unit: and further be pleased to

(c) Pass necessary directions seeking monitoring of the investigation by calling for status reports from the Opp. Party Nos. 2 and 3;

(e) Pass such other order or orders as this Hon'ble Courtenay deern fit and proper in the facts and circumstances of the case and in the interest of justice. And for this act of kindness, the petitioner shall, as in duty bound, ever pray."

2. On 05.03.2026, this Court after taking note of the prayer in

the CRLMP, had observed and directed as follows:-

"2. It is stated by learned counsel for the Petitioner that after registration of the FIR on 25.09.2024, without conducting proper investigation, initially a closure report was filed by I.I.C., Lahunipada Police Station on 18.02.2025, but pursuant to a protest petition filed by the Petitioner, investigation in the case was reopened on 26.09.2025, where the learned S.D.J.M., has directed the I.I.C., Lahunipada Police Station to conduct further

investigation in the case and submit a report within thirty days. But in spite of the direction, the investigation in the case is still pending and the accused is illegally accessing the GST Portal of the Petitioner using his credentials.

3. Certified copy of the order sheet of the Court of the learned S.D.J.M., Bonai in G.R. Case No. 817 of 2025 containing orders dated 25.10.2025, 25.11.2025, 26.12.2025, 02.02.2026, 26.02.2026 and 27.02.2026 is produced by learned counsel for the Petitioner from which it is apparent that in spite of order dated 26.02.2026, on 27.02.2026, the matter was adjourned on 26.03.2026. The orders passed on 26.02.2026 and 27.02.2026 are extracted below:-

Order dated 26.02.2026 - "The case record is put up today as previously fixed. On perusal of the record, it is found that the direction made on dtd.26.09.2025 by this Court as to the further investigation and its reporting to the IIC. Lahunipada PS has not yet been complied. The case pertains to an economic offence committed by a clerk that is a case of breach of trust and contains elements of public faith over the investigating agency as to protection of property. Such non- submission of report for indefinite months definitely puts a question mark on the quality of investigation, ability of 1.0 & lack of empathy of the investigating agency towards the society at large & the public.

Hence, call for a report from the IIC.

Lahunipada PS as to the non-submission of the said report and the status of the said investigation on or before 26.03.2026, in absence of which the matter shall be reported to S.P. Rourkela for taking necessary action at his end."

Order dated 27.02.2026 - "The case record is put up today on receipt of a letter from the IIC. Lahunipada PS vide DR No.479 dtd.27.02.2026. Perused the letter. On perusal of the same it is found that IIC. Lahunipada PS has prayed to allow one month time for conducting a further investigation of the case for submission of the same in the court.

He has further submitted that he was recently on 12.01.2026 has joined the PS as IIC. After his joining he was otherwise engaged on maintenance of law & order duty. Attach the letter in the case record for future reference.

Put up on the date fixed i.e. on 26.03.2026 awaiting Further Investigation Report."

4. Mr. Prasanjeet Mohapatra, learned counsel appearing on behalf of Mr. Adhiraj Mohanty, learned counsel for the Petitioner submits that the copy of the order sheet has been served on Mr. Raj Bhushan Dash, learned Additional Standing Counsel and he undertakes to file the certified copy of the order sheet along with a memo in the Registry in course of the day.

5. In view of the nature of allegations and the allegation that investigation has not progressed in spite of the order of the learned S.D.J.M., Bonai, issue notice to the Opposite Parties No. 1 to 4 to show cause as to why the prayers in the CRLMP especially the prayer for transfer of investigation to the Crime Branch, Odisha (Economic Offences Wing) or for the aid and assistance of specialised Cyber Crime Police Unit, should not be allowed ?

6. Counter affidavit, if any. shall be filed by 16.03.2026 after serving copy on the learned counsel for the Petitioner.

7. List this case on 18.03.2026."

3. Pursuant to the said order an affidavit dated 17.03.2026 has

been filed by the Inspector-in-charge, Lahunipada Police Station,

where it is stated as follows:-

"9. That the investigation so far disclosed that the then 10 SI P Behera and by myself seized all the documents, bank transaction details related to NMPPL and M/S Soubhagya Minerals. After perusal of documents, it came to light that no such type of forged found in the documents provided by the Complt. It is a fact that iron ore and raw materials was purchased by NMPPL through M/S Soubhagya Minerals. The investigation is under progress. The misappropriation amount is about Rs-4,56,00,000/- which is more than 1 corer. Hence the present deponent prays to the Hon'ble Court that the investigation of the case may be transferred to the Crime Branch, Odisha, Economic Offence Wing for better investigation."

4. As extracted above in paragraph-9 of the affidavit the IIC,

Lahunipada Police Station has prayed that since the amount of

misappropriation is about 4,56,00,000/- which is more than one

crore, the investigation in the case may be transferred to the Crime

Branch, Odisha, Economic Offence Wing for better investigation.

5. In view of the nature of offence and the extent of mis-

appropriation, the perfunctory manner in which investigation has

been conducted and the prayer of the IIC, Lahunipada Police Station,

this Court is of the view that it would be in the interest of justice if

the investigation is transferred to the Economic Offence Wing of the

Crime Branch, Odisha forthwith.

6. Necessary steps be taken by the IIC Lahunipada Police