Citation : 2026 Latest Caselaw 3080 Ori
Judgement Date : 31 March, 2026
IN THE HIGH COURT OF ORISSA AT CUTTACK
CRLMP No. 307 of 2026
Sanmani Kumbhar @ Sanamani .... Petitioner
Bichhi
Mr. Sougat Dash, Advocate
-versus-
1. State of Odisha
2. The Superintendent of Police,
Rourkela
3. The IIC, Bramhani Tarang .... Opposite Parties
Police Station, Rourkela
Mr. Sarathi Jyoti Mohanty,
Additional Standing Counsel
CORAM:
THE HON'BLE MISS JUSTICE SAVITRI RATHO
ORDER
31.03.2026 Order No.
02. (Through hybrid mode)
1. This CRLMP has been filed with the prayer for transfer of
the investigation of Brahmani Tarang P.S. Case No.242 of 2022 by
any other independent agency for fair investigation and for the
greater interest of justice.
2. By order dated 12.03.2026, the matter had been adjourned
to today to enable Mr. S.K. Rout, learned Additional Standing
Counsel to obtain instructions along with the copy of the up-to-date
case diary.
3. The instructions along with the case diary are produced for
perusal of this Court. On instructions it has been specifically stated
in paragraphs 7, 8 and 9 which are relevant are quoted below:
"7. That during the investigation of the case and its supervision made by then SDPO, по evidence regarding any kidnapping or trafficking of Muni Kumbhar could substantiated. The Supervising Officer has clearly reflected the same in her Supervision Note dated 29.01.2023.
8. That as of date, the FIR mentioned persons namely Anna @ Hana Kerketta, her brother Nicolash Kerketta and Sylvester Kujur have been interrogated, and all known associates and social media connections and the victim have been examined, but nothing evidence has come against them.
9. That from the invstigation it came to light that victim women Muni@Menaka Kumbhar, D/o Mangra Kumbhar, AT-Badmaren, PS-B.tarang, dist-Sundargarh was not kidnapped by FIR alleged person but she had been to New delhi in the year 2003 with one Ana Kerketa@Ahana(45), W/O Ajit Lakra, At-Sewaibel Tola, PS-Simdega, Dist-Simdega, Jharkhanda, At/Pr Qtr No- 28, Karalbag, near S park, PS-Karalbag, Delhi for working as a domestic help. Victim was engaged in New Delhi through one Tribal Placemen Service agency. She was in contact with her family members till 2018 as
mentioned by the Petitioner (complainant) in CONTC No -6740/ 2024 filed before the Hon'ble High Court of Odisha, Cuttack. It is ascertained from the investigation that she did not contact her family members after 2018, As such it was not case of kidnapping, rather a case of missing from New Delhi. Accordingly Brahamani tarang P.S. Case No-242 of 2022 was returned as FR Mistake of Law and the FF was submitted accordingly vide No- 475 on dt. 12.11.2025 after obtaining order from the S.P. Rourkela. The Honb'le Court of J.M.F.C. (R), Rourkela has accepted the FF dt. 15.11.2025. The allegation of the Petition is devoid of merit."
4. As the incident relates to the year 2004 and perusal of the
case diary reveals that the complainant as well as the parents of the
victim girl, namely, Mangra Kumbhar as well as Tara Kumbhar have
been examined on 19.12.2022 and final report, Mistake of Law has
been submitted on 12.11.2025 which has been accepted by the
learned JMFC(R), Rourkela, the CRLMP is disposed of granting
liberty to the Petitioner to avail the remedy which is available to her
under law.
5. Mr. Dash, learned counsel for the Petitioner submits that
neither has the Petitioner been informed about filing of the final
report nor has she received any notice from the learned JMFC(R),
Rourkela before the final form was accepted.
6. It is open to the Petitioner to bring this to the notice of the
concerned Court that she has not been informed about filing of final
report nor has she received notice before the final report was
accepted.
(Savitri Ratho) Judge RKS
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