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Orissa High Court
Dipak Rout vs State Of Odisha on 24 March, 2026
IN THE HIGH COURT OF ORISSA AT CUTTACK
CRLMP No. 297 of 2026
Dipak Rout .... Petitioner
Mr. Anupam Rath, Advocate
-versus-
1. State of Odisha
2. Superintendent of Police,
Jajpur
3. Inspector-in-Charge, Bari
Ramchandrapur, Jajpur
4. Srikanta Patra @ Bubua .... Opposite Parties
Mr. Amitabh Pradhan,
Additional Standing Counsel
CORAM:
THE HON'BLE MISS JUSTICE SAVITRI RATHO
ORDER
24.03.2026
Order No.
03. (Through hybrid mode)
1. On 20.03.2026 the following order had been passed:
"1. Instructions dated 20.03.2026 of the llC, Bari
Ramchandrapur Police Station has been received. It
has become necessary to quote paragraph 2 of the
instructions as he has prayed for a short
adjournment to submit up-to-date case diary before
this Court.
"Basing on the report, the then IIC Insp. J.M.
Sethy registered Bari Ramachandrapur P.S.
Case No. 51 Dt. 04.02.2026 U/s 103(1)/3(5)
BNS and took up investigation. The said
Investigating Officer was transferred from this
Police Station on 10.02.2026, and I joined this
Police Station on 24.02.2026. However, the I.O.
has not yet handed over the charge of
investigation along with the case records and
connected papers of the case. On contacting the
then 1.O., as she is busy in training, she will
provide the same vary soon."
2. From this, it is apparent that although the IO has
been transferred from the Police Station since
10.02.2026 and more than one month has elapsed in
the meanwhile, she has not handed over the charge
of the investigation or the case record to the present
llC, Bari Ramachandrapur Police Station.
3 . List this matter on 24.03.2026.
4. As the IIC, Bari Ramachandrapur Police Station
has expressed the reasons for her inability to send
the instructions, the Opposite Party No.2 -SP, Jajpur
is directed to ensure that the instructions and case
diary in this case reach this Court by the next date
i.e. 24.03.2026."
2. Specific direction has been issued to the Opposite Party
No.2-Superintendent of Police, Jajpur to ensure that the instructions
and the case diary in this case reach this Court by 24.03.2026 i.e.
today, but had not been received in the first hour for which the
matter was passed over and called after recess on the request of Mr.
Amitabh Pradhan, learned Additional Standing Counsel.
3. When the matter is taken up after recess, Mr. Amitabh
Pradhan, learned Additional Standing Counsel produces the case
diary and instructions dated 23.03.2026 of the IIC, Bari
Ramachandrapur P.S. The instructions are taken on record.
4. As per the letter dated 23.03.2026 of the IIC, Bari
Ramachandrapur P.S. addressed to the Advocate General, Odisha,
Cuttack enclosing the up-to-date case records, it has been stated as
follows:
"With reference to the letter and subject cited above
as per direction of Hon'ble hogh court of odisha I
am submitting herewith the Up-date Case Record
prepared by inspector J.M sethy the-then IIC of
Bari-Ramachandrapur PS for kind perusal of the
Hon'ble court.
It is further prayed that this case has been taken
charge by me on 23.03.2026 from me predessores
and other follow of action in this case will be taken
up in course of investigation."
5. Perusal of the case diary reveals that Smt. Hemalata Das,
the present IIC, Bari Ramachandrapur P.S. has taken charge of the
investigation on 23.03.2026 at 3.30 P.M.
6. But in her instructions dated 10.03.2026, it has been stated
as follows:
"As the circumstances of the occurrence remain
suspicious and the statements of the suspect
persons require further verification, it has become
necessary in the interest of investigation to subject
the suspects to Lie Detection Test (Polygraph Test).
Prayer has been submitted to SP, Jajpur to accord
necessary order for conducting Lie Detection Test
of the above noted suspect persons to facilitate a
fair investigation of the case. The case is under
investigation."
7. Perusal of the case diary reveals that the attempts have
been made to search for the FIR named accused, namely, Srikanta
Kumar Patra @ Bubua and Nityananda Jena, but they were found
absent. Hence, it is not understood as to how the statements of the
suspect persons required further verification when as per the case
diary, they have not yet been apprehended or examined and what
was the necessity for subjecting them to Lie Detection Test
(Polygraph Test). There is no nothing in the case diary regarding
prayer made to the S.P. Jajpur for order to conduct Lie Detection
Test of the accused persons.
8. Mr. Amitabh Pradhan, learned Additional Standing
Counsel prays for two weeks time to file an affidavit on behalf of the
Opposite Party No. 3-IIC, Bari Ramachandrapur, District-Jajpur in
this case regarding steps for investigation in this case and the queries
of this Court.
9. Mr. Anupam Rath, learned counsel for the Petitioner
submits that if immediate steps are not taken for apprehension of the
accused persons named in the FIR, there is a chance of tampering
with the evidence as Srikanta Kumar Patra @ Bubua is threatening
witnesses in this case.
10. Considering this submission of the learned counsel for the
Petitoiner, list this matter on 31.03.2026. Affidavit, if any, shall be
filed by 30.03.2026 after serving copy on the learned counsel for the
Petitioner.
(Savitri Ratho)
Judge
puspa
Signed by: PUSPANJALI MOHAPATRA
Designation: Personal Assistant
Reason: Authentication
Location: Orissa High Court
Date: 24-Mar-2026 19:45:42
