Orissa High Court
Bijayalaxmi Das vs State Of Odisha ..... Opposite Parties on 23 April, 2026
IN THE HIGH COURT OF ORISSA AT CUTTACK
CRLMP No. 413 of 2026
Bijayalaxmi Das ..... Petitioner
Mr. Prakash Chandra Dash, Advocate
-versus-
1.State of Odisha ..... Opposite Parties
2.The S.P., Kendrapara Mr. S.J. Mohanty,
3. IIC, Marshaghai Police Station Additional Standing Counsel
CORAM:
HON'BLE MISS JUSTICE SAVITRI RATHO
ORDER
23.04.2026 Order No. (Through hybrid Mode)
02.
1. This CRLMP has been filed to direct the Opposite Party No.3 to register the FIR and to cause investigation thereunder.
2. Mr. S. J. Mohanty, learned Additional Standing Counsel produces the instructions dated 22.04.2026 of the IIC, Marsaghai Police Station as well as the copy of the missing person Registration No. 120 of 2025 of Marsaghai Police Station along with the copy of the information dated 26.12.2025 submitted to the IIC, Marsaghai Police Station on the basis of the which MMR 120 of 2025 has been registered.
3. Mr. P. C. Dash, learned counsel for the petitioner submits that the petitioner is an old lady aged about 65 years and she had submitted report before the police stating that unknown persons had kidnapped her son, but unfortunately the police did not register any FIR and till date her son has not been traced.
4. Perusal of the CRLMP reveals that the copy of the complaint given at the Marsaghai Police Station on 26.12.2025 has not been Page 1 of 6 filed. However, the petition dated 25.03.2026 which has been sent to the SP, Kendrapara on 25.03.2026 by speed post has been annexed as Annexure-2 to the CRLMP.
5. Mr. P. C. Dash, learned counsel for the petitioner submits that case should have been registered regarding kidnapping of the son of the petitioner on the basis of the information given to her to the IIC on 26.12.2025. The police should have registered a case of kidnapping against unknown persons and investigated in to the matter.
6. Mr. S. J. Mohanty, learned Additional Standing Counsel relying on the instructions dated 22.04.2026 of the IIC, Marsaghai Police Station submits that on 26.12.2025 the petitioner along with her younger son Babu Prasad Das had appeared in the Police Station and submitted a report stating that on 17.12.2025 her elder son Litu @Debiprasad Das had left the house by taking TVS Star City motorcycle of her younger son Babuprasad Das bearing regd. No. OR05AC7808 but did not return to home. As he had no cellphone, he could not be contacted. Although they searched for him but they could not trace him. Basing on such report, Marshaghai PS MMR(Man Missing Registration) No. 120 dated 26.12.2025 has been registered and SI P.K Kandulna was enquiring into the matter. The copy of missing person acknowledgement was granted to the petitioner and VHF message has been sent to all IIC/OIC of Police stations and out post of Odisha vide RM No. 2806 dt.26.12.2025 regarding missing of Litu @Debiprasad Das with TVS Star City motorcycle bearing regd. No. OR05AC7808 to keep sharp look out for him. Prayer has also been made to the SP, Kendrapara for Draft CIG publication of the MMR report on 01.02.2026 for tracing the missing person. During enquiry, spy was also engaged to find out Page 2 of 6 any clue about the missing person, but with no fruitful result. Probable places were searched. Associates, friends and relatives of the missing person were contacted, but they could not give any clue about his present whereabouts. It is also stated that Litu @Debiprasad Das is a hardcore criminal and involved in series of cases like, murder dacoity, Robbery, extortion, Arms Act in different Police Stations and the details of the same have been indicated in the instruction and after being released on bail, it is possible that he may have absconded from the locality to avoid trial. On 26.12.2025, the petitioner had only submitted the missing report regarding missing of her son and has not submitted any report which reveals that any offence under Section 103/140/142/3(5) of the BNS. The copy of the said report is produced. The documents are taken on record.
6. The allegations that the IIC refused to register an FIR, abused, assaulted and threatened the petitioner being gained over by the accused persons has also been denied. The details of the 33 cases pending against the missing person indicated in the instructions are extracted below;
"1. Marshaghai PS Case No. 67 Dt. 6.5.11 w/s 387/506/34 IPC/25 Arms Act
2. Marshaghai PS Case No. 68 D1, 06.05.11 u/s 384/506/34 IPC 25 Arms Act
3. Marshaghai PS Case No 69 Dt. 15.05.12 u/s 307/387/34 1PC/25/27 Arms Act
4. Marshaghai PS Case No. 115 D1. 9.7.12 u/s 120(b)/326/307 IIPC/25/27 Arms Act
5. Marshaghai PS Case No. 142 Dt. 18.05.13 u/s 18.05.13 u/s 387/307/326/34 IPC/25/27 Arms Act Page 3 of 6
6. Marshaghai PS Case No. 224 Dt. 15.08.13 u/s 302/326/34 IPC
7. Marshaghai PS Case No. 258 Dt. 22.09.13 u/s 341/294/302/120(b) IPC /25/27 Arms Act
8. Marshaghai PS Case No. 103 Dt. 11.05.14 u/s 341/323/294/120(B)/307 IPC 25/27
9. Marshaghai PS Case No. 220 Dt. 13.10.14 u/s 399/402 IPC/25 Arms Act
10. Marshaghai PS Case No. 223 Dt. 18.10.14 u/s 302/120(B)/201/212 213/216/34 IPC /25/27 Arms Act
11. Marshaghai PS Case No. 260 Dt. 30.11.14 u/s 307/506/120(B) IPC/25/27 Arms Act
12. Patkura PS Case No. 01 Dt. 02.01.09 u/s 307/34 IPC/9(b) I.E. Act
13. Patkura PS Case No. 27 Dt. 31.01.09 u/s 294/387/307/34 IPC 9(b) 1.E. Act
14. Patkura PS Case No.130 Dt. 08.05.09 u/s 399/402 IPC/9(b) 1.E. Act/S Explosive Act
15. Patkura PS Case No. 317 Dt. 12.11.08 u/s 399/402 IPC/25 Arms Act
16. Abhayachandrapu PS 128 Dt. 16.10.12 u/s 341/109/307/34 IPC/25/27 Arms Act
17. Chauliaganja PS Dist-Cuttack Case No. 223 Dt. 08.12.14 u/s 399/402 IPC /25/27 Arms Act
18. Chauliaganja PS Dist-Cuttack Case No 218/14, U/S 387 IPC Page 4 of 6
19. Paradeep PS Dist.-Jagatsinghpur PS Case No.180 Dt. 24.06.14 u/s 353/307/332/120(B) IPC 25(a)/27 Arms Act
20. Paradeep PS Dist.-Jagatsinghpur PS Case No. 110 Dt. 22.06.15 u/s 307/294/506/109/34 IPC /25(1) (b)/27 Arms Act
21. Paradeep PS Dist.-Jagatsinghpur PS Case No. 98 Dt. 30.05.16 u/s 307/34 IPC /25(1)(b)/27 Arms Act
22. Sadar PS Kendrapara Case No. 26 Dt. 24.01.16 u/s 302/120(b) IPC /25/27 Arms Act
23. Tirtol PS Dist.-Jagatsinghpur Case No. 208/10 U/s 395/397 IPC/25/27 Arms Act/9 (b) I.E. Act
24. Patkura P.S Case No-37 Dt-23.02.19 U/S 294/307/34 IPC/25/27 Arms Act/3(1)(r)(s) SC/ST(POA) Act
25. Marshaghai P.S Case No-32 dt 23.02.19 U/s 294/341/323/427/307/506/34 IPC/25/27 Arms Act
26. Marshaghai P.S Case No-37 Dt. 25.02.19 u/s 307/353 IPC/25/27 Arms Act
27. Marshaghai P.S case No. 68 dt. 20.03.2020 u/s 294/341/323/307/506 IPC/25 Arms Act
28. Marshaghai P.S Case No-284 dt 18.11.19 U/s- 294/506/507 IPC
29. Marshaghai P.S Case No-315 dt 19.12.19 U/s- 294/385/507/34 IPC/25/27 Arms Act
30. Patkura PS Case no. 125 Dt. 20.06.2020 U/s- 294/341/506/392/307 IPC/ 25/27 Arms Act/3(1)(1)(s) 2(va) SC & ST POA Act
31. Marshaghai P.S case No 381 dtd 25.09.2022 U/s-399/402 Page 5 of 6 IPC/25 Arms Act
32. Marshaghai P.S case No 99 dtd 25.04.2024 U/s- 294/341/323/3548/506/387/307 IPC
33. Marshaghai P.S case No. 151 dtd 18.08.2024 U/s- 126(2)/117(2)/296/351(3)/109, BNS."
7. Hearing is concluded.
8. Order is reserved.
(Savitri Ratho) Judge Subhalaxmi Signature Not Verified Digitally Signed Signed by: SUBHALAXMI PRIYADARSHANI SAHOO Reason: Authentication Location: Orissa High Court, Cuttack Date: 24-Apr-2026 20:30:29 Page 6 of 6