[Cites 5, Cited by 0]
Orissa High Court
Informant vs Director General Of Police on 25 March, 2026
IN THE HIGH COURT OF ORISSA AT CUTTACK
CRLMP No. 343 of 2026
Informant ..... Petitioner
Mr. Bijaya Kumar Sahoo, Advocate
-versus-
1. Director General of Police,
Odisha
2.Superintendent of Police, ..... Opposite Parties
Nayagarh Mr. A. K. Apat,
3. IIC, Odagaon PS, Nayagarh Additional Government Advocate
CORAM:
HON'BLE MISS JUSTICE SAVITRI RATHO
ORDER
25.03.2026
Order No. (Through hybrid Mode)
03.
1. This CRLMP has been filed praying for issue of a direction to
Opposite Party No.3 to submit charge sheet in the case as per the
SFSL report and to take necessary steps to arrest the accused person,
namely, Purna Chandra Nayak.
2. Pursuant to complaint dated 11.04.2024 of the petitioner
Odagaon PS Case No. 122 of 2024 has been registered under Section
302, 379, 34 of the IPC against one Muna Nayak and his brother
Purna Chandra Nayak.
3. Pursuant to order dated 20.03.2026, Mr. Amitabh Pradhan,
learned Additional Standing Counsel has produced the instructions
datd 20.03.2026 of the IIC, Odagaon Police Station, which reveals
that investigation is in progress in connection with the case. Post
mortem report has been received and the opinion of the Medical
Officer are as follows;
"1. The external injury number 1, 2, 3 are ante-
mortem in nature and could have resulted from finger nail
impression/mark. The age of the injury is within 12 hours at
the time of death.
2. The external injury number 4, 5, 6 and the sub-scalpal
contusion over the right parietal region are ante-mortem in
nature and could have resulted from hard and blunt force
impact. The age of the injury is within 12 hours at the time
of death.
3. The puncture marks over the right side of the neck and
the extravasation of blood over the dorsal aspect of the
right hand, extravasation over the muscles of the right side
of the neck are ante-mortem in nature and could have
resulted due to therapeutic intervention.
4. The external injuries (number 1 to 6), extravasation of
blood over the muscles of neck on the left side, the
congestion of the mucosa of larynx and trachea, thick
blood-tinged frothy secretions over the trachea are ante-
mortem in nature and it is suggestive of asphy Nia resulting
from smothering and compression of neck structures.
5. There are no visible external or internal injury and
stain/discharge over the external genitalia and genital
organs respectively. However, 2 swabs from vagina, I swab
from vulva and 2 slides with vaginal smear has been
handed over to the police to hand over to SSL. for ruling
out sexual assault.
6. The routine viscera have been preserved and sent to
SFSL to rule out poisoning.
7. The opinion regarding the cause of death is reserved
pending for SFSL."
"During supervision and investigation, it is seen that
it is a true case U/s-302 IPC against accused Muna @
Luna Naik (30) S/o- RajaniNaikof Vill- Dhajholla, PS-
Odagaon Dist- Nayagarh. On dtd. 03.12.2025 the then IIC,
A.Behera submitted remand report against accused Muna
@ Luna Naik (30) S/o- RajaniNaikof Vill- Dhajholla, PS-
Odagaon Dist- Nayagarh who is in jail custody in special
jail jharapada being arrested by Khandagiri PS Case No-
832 dtd. 14.11.2025 U/s- 20(b)(ii) C NDPS Act. On dtd
22.12.2025 received remand accept letter from Honble
Court of JMFC. Odagaon vide letter No- 620
dtd.22.12.2025. Accused Muna @ Luna Naik (30) S/o-
RajaniNaikof Vill-Dhajholla. PS- Odagaon Dist- Nayagarh
now in jail custody. The involvement of the FIR-named
accused person, namely Purna Chandra Naik, son of
Rajani Naik, has not yet been ascertained during the course
of investigation. However, the same will be ascertained
after examining the persons who accompanied the deceased
while shifting her from her rented house, where she was
found in an unconscious condition, to AIIMS, Bhubaneswar
for treatment, where she was declared dead during the
course of treatment."
4. In view of the above instructions, it is apparent that the main
accused Muna Nayak was in custody in connection with Khandagiri
PS Case No. 832 of 2025 and prayer has been made on 10.03.2026
for four days police remand of the accused Muna Nayak for the
purpose of investigation, which has however being rejected by the
Court. The case is pending for collection of finger prints and nail
clippings of the accused-Muna Naik for sending the same to SFSL,
Rasulgarh, Bhubaneswar for comparison, and also for conducting
the polygraph test of the accused as part of further investigation.
5. In view of the above report, it is apparent that investigation in
the case is going on. Hence, the CRLMP is disposed of directing the
IO to take expeditious steps for completing the investigation after
obtaining the report from the SFSL, Bhubaneswar and arrest the co-
accused Purna Chandra Nayak, if incriminating materials are
available against him.
(Savitri Ratho)
Judge
Subhalaxmi
Signed by: SUBHALAXMI PRIYADARSHANI
Location: Orissa High Court, Cuttack
Date: 25-Mar-2026 19:19:19
