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Orissa High Court
Informant/Victim vs State Of Orissa ..... Opposite Parties on 30 March, 2026
IN THE HIGH COURT OF ORISSA AT CUTTACK
CRLMP No. 251 of 2026
Informant/Victim ..... Petitioner
Mr. Pradeep Kumar Khuntia, Advocate
-versus-
1.State of Orissa ..... Opposite Parties
2.Director General of Police, Odisha Mr. S.J. Mohanty,
3.Superintendent of Police, Additional Standing Counsel
Kendrapara
4.IIC, Nikirei Police Station,
Kendrapada
5. Nihar Ranjan Mohanty
6. Balaram Behera
CORAM:
HON'BLE MISS JUSTICE SAVITRI RATHO
ORDER
30.03.2026
Order No. (Through hybrid Mode)
04.
1. This CRLMP has been filed for a direction to Opposite Party
No. 4 to arrest Opposite Parties No. 5 and 6 in connection with T.R
No. 22 of 2025 pending in the Court of the learned District and
Sessions Judge-cum-Special Judge, Kendrapara which arises out of
Nikirei P.S Case No. 121 of 2025 within a stipulated time.
2. Mr. S.J. Mohanty, learned Additional Standing Counsel
submits that if said Nihar Ranjan Mohanty has not been arrested by
the police, the remedy of the petitioner does not lie before this Court
and he should have approached the learned Magistrate for
appropriate orders.
3. Mr. P. K. Khuntia, learned counsel for the petitioner submits
that although an affidavit has been filed by Opposite Party No.4
where it is stated in paragraph-4 that the deponent and his staff have
taken all possible steps to apprehend the accused persons and
intensive raids and searches have been conducted at various
locations including Kendrapara Town, Pattamundai, Chandikhol
(Jajpur District) and Paradeep (Jagatsinghpur District), but the
accused Nihar Mohanty and Balaram Behera were found absconding
in their locality and reliable sources have been engaged and
continuous efforts have been made to trace and to apprehend them,
but these averments are not correct because the accused person-
Nihar Ranjan Mohanty was present on 19.11.2025 at Sansada Khela
Mahostav in village- Koro and at LAMP's office on 23.03.2026 and
the photographs in proof of his presence at the two functions are
available with the petitioner.
4. It appears that accused Nihar Ranjan Mohanty had approached
this Court in CRLMC No. 2040 of 2025 and had been permitted to
surrender in the Court below on or before 09.10.2025 and had been
granted protection from arrest as per the date mentioned in the order.
He has not complied with the order, but the police is not taking any
steps to arrest him. He also submits that on account of assault by the
accused the left leg of injured husband of the informant Gouranga
Charan Mallick has been amputated below the knee.
5. After hearing learned counsel for the petitioner and perusing
the affidavit of the Opposite Party No.4, this Court finds that the
affidavit is vague as regards steps taken for arrest of Nihar Ranjan
Mohanty as well as Balaram Behera. As the order granting
protection from arrest granted by this Court, has expired, they should
have been arrested. Hence, the learned State Counsel is directed to
produce the case diary and also state on affidavit as regards the steps
taken by him after requesting the SP, Kendrapara for deployment of
Special Squad for early tracing and the arrest of the accused persons
and whether any application has been filed before the learned Court
below for issuing NBW of arrest and issuing process under Section
84 and 85 of the BNSS. He is also directed to obtain specific
instructions from the Opposite Party No.3- SP, Kendrapara
regarding orders passed/steps taken for arrest of these two accused
persons.
6. List this matter on 08.04.2026.
(Savitri Ratho)
Judge
Subhalaxmi
Signed by: SUBHALAXMI PRIYADARSHANI
Location: Orissa High Court, Cuttack
Date: 30-Mar-2026 20:37:39
