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Orissa High Court

Amarabar Biswal And Another vs State Of Odisha And Others .... Opp. ... on 25 July, 2025

Author: Chittaranjan Dash

Bench: Chittaranjan Dash

                     IN THE HIGH COURT OF ORISSA AT CUTTACK

                                        CRLMP No.308 of 2025

                 Amarabar Biswal and another          ....           Petitioners
                                                    Mr. N.K. Mishra, Advocate

                                            -versus-

                 State of Odisha and others             ....         Opp. Parties
                                                       Mr. A.K. Apat, Addl. P.P.


                                       CORAM:
                     THE HON'BLE MR. JUSTICE CHITTARANJAN DASH

                                             ORDER
Order No.                                   25.07.2025

  02.       1.       Heard learned counsel for the Petitioners and the State.

2. Vide order dated 24.06.2025 this Court directed the Superintendent of Police, Kendrapara to file an affidavit as to why the IIC, Kendrapara shall not be proceeded for his dereliction in not furninshing the information to this Court in connection with the investigation pertaining to Pattamundai P.S. Case No.382 of 2023. In defiance to the direction, the Superintendent of Police, Kendrapara preferred not to file affidavit on his own instead an affidavit has been sworn by Saroj Kumar Sahoo, Deputy Superintendent of Police, Kendrapara. This Court takes an exception to it and shall revert to the same in appropriate time.

3. However, once again the Superintendent of Police, Kendrapara is directed to furnish a report as to why the compliance has not been made in accordance with the direction of this Court. As far as the averments made in the affidavit submitted by Sri Saroj Kumar Sahoo, DSP it reveals that the investigation into the matter has not been taken as is expected from the investigating agency and it has been dragged from years after years on the plea that there is transfer of investigating officer from time to time. This is not expected to deal with an investigation. This is more so when the report does not reveal as to on which particular date what step has been taken. The affidavit of the Sri Sahoo is supported by the case diary which reveals that no interest has been shown in furthering the process of investigation as is required under law. The report of the Superintendent of Police, Kendrapada should reach this Court by the next date.

4. List this matter on 25th August, 2025.

(Chittaranjan Dash) Judge KC Bisoi Signature Not Verified Digitally Signed Signed by: KRUSHNA CHANDRA BISOI Reason: Authentication Location: orissa high court Date: 28-Jul-2025 16:44:41 Page 2 of 2