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Orissa High Court

Padmini Meher vs State Of Odisha ....... Opposite ... on 23 February, 2026

Author: Sanjeeb K Panigrahi

Bench: Sanjeeb K Panigrahi

                                IN THE HIGH COURT OF ORISSA AT CUTTACK
                                                  CRLMC No. 2031 of 2025

                             Padmini Meher                                 ........   Petitioner(s)
                                                                    Mr. Hianshu Sekhar Mishra, Adv.
                                                         -Versus-

                             State of Odisha                             ....... Opposite Party(s)
                                                                             Mr. U.R. Jena, AGA

                                     CORAM:
                                     DR. JUSTICE SANJEEB K PANIGRAHI
                                                    ORDER

23.02.2026 CRLMC Nos.2031, 2454, 2461, 2462 & 2463 of 2025 Order No.

07.

1. These matters are taken up through hybrid arrangement.

2. Heard learned counsel for the parties.

3. When the matter is taken up, learned counsel appearing for the State fairly submits that he is presently not in a position to render effective assistance to this Court on the specific and substantial question that arises for consideration in the present case, namely, whether cryptocurrency, in the context of the allegations forming the subject matter of this proceeding, is to be treated as legal, illegal, regulated, or otherwise within the prevailing statutory and regulatory framework in India.

Signature Not Verified Digitally Signed Signed by: LITARAM MURMU Designation: P.A. Reason: Authentication Location: OHC Date: 23-Feb-2026 18:45:28 2

4. This Court notes that the issue is not merely academic but has significant implications in matters relating to cyber offences, financial fraud, money laundering, and cross-border transactions. The evolving nature of digital assets and the absence of a comprehensive and codified legislative framework specifically declaring cryptocurrency as either per se legal tender or per se prohibited instrumentality necessitate a nuanced understanding of the existing legal position, including the role of regulatory authorities such as the Reserve Bank of India and other financial oversight bodies.

5. This Court is of the view that adjudication on this issue has both legal and technical dimensions, hence, effective adjudication would require inputs from officers possessing requisite expertise and practical exposure in the field of cyber investigation and digital financial transactions.

6. Accordingly, the Superintendent of Police, Balangir, is directed to appear before this Court in person on 26th February, 2026. The Nodal Officer of the Cyber Cell, Balangir, or any other responsible officer who is well conversant with the functioning of cryptocurrency platforms, blockchain technology, digital wallets, and the regulatory regime governing virtual digital assets in India, shall also remain present to assist this Court. Signature Not Verified Digitally Signed Signed by: LITARAM MURMU Designation: P.A. Reason: Authentication Location: OHC Date: 23-Feb-2026 18:45:28 3

7. The said officers shall be prepared to address the following issues:

(i) the present legal status of cryptocurrency in India;
(ii) whether any statutory prohibition exists against possession, trade, or transaction in cryptocurrency;
(iii) the regulatory framework, if any, governing such transactions; and
(iv) the manner in which alleged offences involving cryptocurrency are presently investigated and prosecuted. What is the basis or intelligence inputs on which the FIR against the present petitioner was lodged

8. Ld. Counsel for the state is directed to communicate this order forthwith to the concerned authorities to ensure due compliance. List this matter on 26th February, 2026.The State is directed to deposit a cost of Rs.25,000/- for taking repeated adjournment. The said cost shall be deposited with the State Legal Services Authority by the next date.

9. At this juncture, learned counsel for the State submits that the State is not inclined to disclose the inputs received before lodging of the F.I.R. However, State is ready and willing to explain the inputs on the basis of which the I.O. has lodged the F.I.R. against the Petitioner by mean of a sealed cover Signature Not Verified Digitally Signed Signed by: LITARAM MURMU Designation: P.A. Reason: Authentication Location: OHC Date: 23-Feb-2026 18:45:28 4

10.List this matter on 26th February, 2026. Interim order, if any, passed earlier shall continue till the next date of listing of this matter.

( Dr. Sanjeeb K Panigrahi) Judge Murmu Signature Not Verified Digitally Signed Signed by: LITARAM MURMU Designation: P.A. Reason: Authentication Location: OHC Date: 23-Feb-2026 18:45:28