Debasis Subudhi Vs State of Odisha — Orissa HC (2026) — LawSathi Research

Debasis Subudhi Vs State of Odisha — Orissa HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

The CRLMC is disposed of with liberty to the petitioner to file a fresh protest petition against the Final/closer Form filed by the police; the trial Court's rejection order dated 02.02.2024 shall not stand on the way while deciding the protest petition afresh. No direction for re-investigation was granted.

Issue for consideration

Whether the petitioner/informant, whose application for re-investigation was rejected after the police filed the Final Form, has a right to file a protest petition against that Final Form. +1 more

Court's answer

The petitioner, being the informant, has a right to file a protest petition after the Final Form was filed by the police; that option was available but was not exercised by him.

Ratio / Principle

Liberty is granted to the petitioner to file a fresh protest petition against the Final/closer Form filed by the police on 31.03.2003 (as printed), and the rejection order dated 02.02.2024 shall not stand in the way while deciding the protest petition afresh.

Detailed headnote1 paragraphs

High Court of Orissa at Cuttack (S.S. Mishra, J.), by order dated 16.01.2026 in CRLMC No.1427 of 2024, disposed of the informant's petition arising out of Laxmisagar P.S. Case No.61 of 2023 / C.T. Case No.150 of 2023 under Sections 279/304-A IPC pending before learned JMFC-IV, Bhubaneswar. The police had filed a closure report after failing to trace the offending vehicle or its driver and occupant; acting on information from his own sources, the informant detected the vehicle (Regn. No.OD-02-AV-5151) and moved the trial Court for re-investigation, which was rejected by order dated 02.02.2024 (Annexure-4). Observing that the informant has a right to file a protest petition after the Final Form — an option not exercised — the Court granted liberty to file a fresh protest petition against the Final/closer Form filed on 31.03.2003 (as printed), and directed that the rejection order shall not stand on the way while deciding the protest petition afresh. No precedent cases were cited or discussed; no quantum was involved.

IN THE HIGH COURT OF ORISSA AT CUTTACK

CRLMC No.1427 of 2024

Debasis Subudhi

…. Petitioner

Mr. Bijay Kumar Mohanty, Advocate

-versus-

State of Odisha & others …. Opp. Parties

Ms. Suvalaxmi Devi, ASC

CORAM: JUSTICE SIBO SANKAR MISHRA

ORDER

Order No.

6.

16.01.2026

This matter is taken up through Hybrid arrangement (video conferencing/physical mode).

The application moved by the petitioner/informant for re-investigation of the case, which has been turned down by the impugned order dated 02.02.2024. By challenging the same, the present petition has been filed.

The present petition is arising out of the F.I.R. in connection with C.T. Case No.150 of 2023 corresponding to Laxmisagar P.S. Case No.61 of 2023 registered on the alleged commission of the offence punishable under Sections 279/304-A of the IPC pending in the Court of the learned J.M.F.C.-IV, Bhubaneswar, inter alia , making the following prayer:

“Call for the LCR and after hearing the parties the impugned order dated 02.02.2024 under

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Annexure-4 passed by the learned JMFC-IV, Bhubaneswar in C.T. No.150 of 2023 corresponding to Laxmisagar P.S. Case No.61 of 2023 be quashed/recalled in order to prevent the abuse of process of law and to acquire the ends of justice. And further be pleased to make a direction to the opp. parties for further re-investigation through the IIC, Laxmisagar PS or any superior police officer to progress the new investigation from time to time till completion of the investigation basing upon the cognizable offences u/s. 279/304-A of IPC.”

After investigation, the police filed the closure report showing that neither they could ascertain the offending vehicle nor the driver and occupant of the offending vehicle could be traced. However, the petitioner, being the informant, has obtained information from his own sources and detected the offending vehicle bearing Registration No.OD-02-AV-5151 and has also to ascertain the name of the driver and the occupant of the offending vehicle. He moved an application before the learned trial Court pursuant to filing of the Final Report seeking for reinvestigation of the case, which has been turned down by the impugned order.

Learned counsel for the petitioner submits that he ought to have filed the protest petition instead of moving such application.

I am satisfied that the petitioner has a right to file the protest petition after the Final Form was filed by the police. That option was not exercised by the petitioner. Therefore, liberty is granted to the petitioner to file a fresh

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protest petition against the Final/closer Form filed by the police on 31.03.2003. The rejection order passed by the learned trial Court vide impugned order dated 02.02.2024 shall not stand on the way while deciding the protest petition afresh.

With the aforementioned observation, the CRLMC is disposed of.

(S.S. Mishra)

Judge

Subhasis

Signature Not Verified

Digitally Signed Signed by: SUBHASIS MOHANTY Designation: Personal Assistant Reason: Authentication Location: High Court of Orissa, Cuttack. Date: 19-Jan-2026 10:52:46

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