Orissa High Court
Victim vs State Of Odisha on 22 January, 2026
IN THE HIGH COURT OF ORISSA AT CUTTACK
CRLMP No. 1703 of 2025
Victim .... Petitioner
Mr. Parsuram Panda, Advocate
-versus-
1. State of Odisha
Represented through its
Commissioner-cum-Secretary,
Home Department
2. Superintendent of Police,
Phulbani, Kandhamal
3. Inspector-in-Charge, Phiringia
Police Station,
Dist.Kandhamal
4. Ajay Digal .... Opposite Parties
Mr. Raj Bhusan Dash,
Additional Standing Counsel
CORAM:
THE HON'BLE MISS JUSTICE SAVITRI RATHO
ORDER
22.01.2026 Order No.
02. (Through hybrid mode)
1. Pursuant to order dated 13.01.2026, instruction dated 19.01.2026 of the IIC, Phiringia P.S., Kandhamal is received, from which it appears that investigation has been conducted in the case including medical examination of the victim, but there is no averment that the statement of the victim has been recorded under Section 183 of the BNS which was necessary in view of the offences committed. It is also mentioned that the age of the victim five years Page 1 of 3 prior was about 19 years when the relation between her and the accused was maintained. As the period of 60 days was going to be completed and the accused could not be apprehended, a Final Form was submitted against accused Ajay Digal on 02.07.2025 under Section 376(2)(n) IPC keeping investigation open under Section 173(8) Cr.P.C. It is also indicated as follows:
"Furthermore, on 05.09.2025, Sambhu Digal produced an order of the Hon'ble High Court of Odisha passed in ABLAPL Nos. 6510 & 8713 of 2025, wherein the Hon'ble Court directed the petitioners to surrender before the learned SDJM, Phulbani in connection with the aforesaid case within one month from 02.09.2025. However, the petitioner-accused Ajay Digal did not surrender before the Court of the learned SDJM, Phulbani within the stipulated period and has absconded. All possible efforts are being made to apprehend the accused Ajay Digal at the earliest in the interest of prosecution."
2. The instruction obtained is taken on record. The same be scanned and incorporated in the digital record.
3. On going through the case diary, Mr. R.B. Dash, learned Additional Standing Counsel submits that the statement of the victim has been recorded under Section 183 of the BNSS. Page 2 of 3
4. In view of the fact that the anticipatory bail application of accused-Ajay Digal has been rejected by this Court and he has not surrendered in the Court below till date, it is expected that effective steps will be taken by the IIC, Phiringia Police Station for his arrest. But although more than six months have elapsed since submission of the Final Form, no steps have been taken to arrest the accused or complete the further investigation.
5. Hence, the CRLMP is disposed of with direction to the IIC, Phiringia P.S. to take effective steps to arrest the accused and complete the further investigation.
6. It is open to the Petitioner to avail the alternative remedy available to him, if he is still aggrieved by inaction of the IIC, Phiringia Police Station.
(Savitri Ratho) Judge RKS Signature Not Verified Digitally Signed Signed by: RANJAN KUMAR SETHI Reason: Authentication Location: ORISSA HIGH COURT Date: 22-Jan-2026 21:07:26 Page 3 of 3