Madan Nath Vs State of Odisha — Orissa HC (2025) — LawSathi Research

Madan Nath Vs State of Odisha — Orissa HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Direction to the Opposite Party No.2, Superintendent of Police, Jajpur, to closely scrutinize the entire matter and, upon receipt of the diatom chemical examination report, take appropriate action in accordance with law if the death is found suspicious and bearing nexus with the allegations made in the complaint.

Issue for consideration

Whether, in light of the enquiry conducted in Korai P.S. U.D. Case No.7 of 2025 and the post-mortem findings of ante-mortem drowning, further scrutiny and action by the Superintendent of Police, Jajpur is warranted regarding the death of Basanta Nath vis-à-vis the allegations made in the complaint.

Court's answer

The Opposite Party No.2, Superintendent of Police, Jajpur, is directed to closely scrutinize the entire matter and, upon receipt of the diatom chemical examination report, take appropriate action in accordance with law if it is found that the death is suspicious and bears nexus with the allegations made in the complaint.

Detailed headnote1 paragraphs

Orissa High Court disposed of CRLMP No.1378 of 2025 (Madan Nath v. State of Odisha and Others) on 19.12.2025. Acting on the written instruction of the I.I.C., Korai Police Station filed pursuant to the order dated 17.12.2025, the court noted the enquiry in Korai P.S. U.D. Case No.7 of 2025 into the death of Basanta Nath: inquest conducted at the spot, post-mortem disclosing cause of death as asphyxia due to ante-mortem drowning (lungs and trachea consistent with ante-mortem drowning; time since death 18-30 hours prior to autopsy), and the diatom chemical examination report from S.F.S.L., Rasulgarh, Bhubaneswar still awaited. Directing attention to the gravity of the allegations, the court ordered the Opposite Party No.2, Superintendent of Police, Jajpur, to closely scrutinize the entire matter and, upon receipt of the diatom report, take appropriate action in accordance with law if the death is found suspicious and bearing nexus with the complaint allegations.

IN THE HIGH COURT OF ORISSA AT CUTTACK

CRLMP No.1378 of 2025

Madan Nath

…. Petitioner

Mr. Sanat Kumar Das, 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.

19.12.2025

Heard learned counsel for the parties.

Pursuant to the order dated 17.12.2025, learned counsel for the State has placed on record the written instruction received from the I.I.C., Korai Police Station, disclosing that in course of enquiry in Korai P.S. U.D. Case No.7 of 2025, the Inquiring Officer examined the informant, visited the spot, examined local villagers and other witnesses, and recorded their statements. An inquest over the dead body of the deceased Basanta Nath was conducted at the spot in presence of the informant, family members, and other witnesses. Thereafter, the dead body was sent to C.H.C., Dangadi, Jajpur for post-mortem examination.

The post-mortem report reveals that the internal findings are ante-mortem in nature and that the condition of the lungs and trachea is consistent with ante-mortem drowning, with the cause of death being asphyxia due to ante-mortem drowning. The time since death was assessed to be within 18-30 hours prior to autopsy.

The viscera was sent for chemical examination, the report whereof has since been received. The Inquiring Officer thereafter reexamined the complainant, revisited the spot, and again examined and recorded the statements of local witnesses. However, the diatom chemical examination report from S.F.S.L., Rasulgarh, Bhubaneswar, is yet to be received. The copy of the instruction is taken on record.

In view of the aforesaid instructions and keeping in mind the gravity of the allegations, the Opposite Party No.2Superintendent of Police, Jajpur, is directed to closely scrutinize the entire matter and, upon receipt of the diatom chemical examination report, take appropriate action in accordance with law, if it is found that the death is suspicious and bears nexus with the allegations made in the complaint.

The CRLMP is accordingly disposed of.

(Chittaranjan Dash) Judge

AKPradhan

Signature Not Verified

Digitally Signed Signed by: ANANTA KUMAR PRADHAN Designation: Senior Stenographer Reason: Authentication Location: HIGH COURT OF ORISSA Date: 19-Dec-2025 18:56:48

Page 2 of 2