Pratima Bastia v. State of Odisha

Orissa HC26 Feb 2026CRLMP/1471/2025

Case brief

AI extract

What is this about?

NBW execution absconding accused; Arubinda Bastia main accused; GR Case No. 74/2021 JMFC Niali; LCR return Register Civil Court Cuttack; warrant issued 21.01.2023; Sections 83 Cr.P.C.; Section 85 BNSS; property details of absconder; CRLMC Execution Case No. 118 of 202; charge sheet Niali Police Station; Dillip Raj Bastia arrested 23.02.2026; Pratima Bastia petitioner; Babi Bastia; Orissa High Court CRLMP No. 1471 of 2025; Justice Savitri Ratho; order dated 26.02.2026; disposed.

What did the court decide?

CRLMP disposed of with a direction to the I.I.C., Niali Police Station to execute the NBW against Arubinda Bastia expeditiously, preferably within one month from the order date; urgent certified copy of the order to be granted on proper application. ¶¶29

Pratima Bastia Vs State of Odisha — Orissa HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the I.I.C., Niali Police Station should take steps for expeditious execution of the NBW issued against the accused, in particular Arubinda Bastia, identified by the Court as the main accused in the case who has absconded. +2 more

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Court's answer

Directed the I.I.C., Niali Police Station to take steps for execution of the NBW issued against Arubinda Bastia expeditiously, preferably within a period of one month, having noted that Arubinda Bastia, the husband of the Petitioner, is the main accused in the case.

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Key takeaways

Closing observation on disposal: counsel undertook to submit the absconding accused's property details in the learned trial Court the same day, and it was expected that the J.M.F.C., Niali would thereafter proceed against the absconding accused under Sections 83 Cr.P.C. / Section 85 BNSS forthwith (expectation expressed through counsel's submission, adopted as the Court's closing observation with which the CRLMP was disposed of).obiter¶¶28

Detailed headnote1 paragraphs

Orissa High Court at Cuttack (Savitri Ratho, J.), order dated 26.02.2026, disposed of CRLMP No. 1471 of 2025 (Pratima Bastia v. State of Orissa, The Superintendent of Police Cuttack Rural, The I.I.C. Niali Police Station, Arubinda @ Aru Bastia, Dillip Raj Bastia, Pratima Bastia and Babi Bastia). The petition had sought notice to the opposite parties, call for the LCR of GR Case No. 74/2021 from the custody of the Register Civil Court, Cuttack, return of the case record to JMFC, Niali, and execution of the warrant (printed as 'NEW', i.e., NBW) issued on 21.01.2023 against an opposite party. State counsel reported (via the I.I.C.'s affidavit e-filed 25.02.2026) that the charge sheet stood submitted against Aru Bastia @ Arubinda Bastia, Pratima Bastia (W/o. Alekha Bastia) and Dillip Raj Bastia (S/o. Alekha Bastia); Dillip Raj Bastia was arrested on 23.02.2026; accused Pratima Bastia could not be apprehended being an old lady and serious patient; and Arubinda Bastia, identified by the Court as the main accused and husband of the petitioner, absconded after release on bail in CRLMC Execution Case No. 118 of 202 and was unreachable (no mobile phone use). The Court directed the I.I.C., Niali Police Station to take steps for expeditious execution of the NBW against Arubinda Bastia, preferably within one month. Petitioner's counsel undertook to submit the absconding accused's property details in the trial Court, upon which the J.M.F.C., Niali was expected to proceed under Sections 83 Cr.P.C. / Section 85 BNSS against the absconding accused. It was submitted that the question of arresting Babi Bastia (additionally arrayed as an opposite party) did not arise.

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IN THE HIGH COURT OF ORISSA AT CUTTACK

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CRLMP No. 1471 of 2025

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Pratima Bastia …. Petitioner

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Ms. Smita Das, Advocate

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-versus-

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1. State of Orissa 2. The Superintendent of Police, Cuttack Rural

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3. The I.I.C. Niali Police Station

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4. Arubinda @ Aru Bastia

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5. Dillip Raj Bastia

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6. Pratima Bastia

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7. Babi Bastia

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…. Opp. Parties

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Mr. Sarathi Jyoti Mohanty, Additional Standing Counsel

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CORAM:

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HON’BLE MISS JUSTICE SAVITRI RATHO

ORDER

Order No.

26.02.2026

(Through hybrid Mode)

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04. 1. The CRLMP has been filed with the following prayer:-

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“ It is therefore prayed that your lordship may graciously be pleased to Admit this case, issue notice to the opp. Parties call for the LCR from the custody of Register Civil Court, Cuttack in GR Case No- 74/2021 and after going through the LCR and hearing from both the sides may pass an order directing the Register Civil Court in returning back the case record to JMFC, Niali.

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Page 1 of 3

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And further pass an order directing the trial Court to execute the NEW issued on 21.01.2023 against the opp. Party for ends of justices and for proper adjudication of the case.

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And for this act of kindness, the petitioner as in duty bound shall ever pray.”

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Mr. Sarathi Jyoti Mohanty, learned Additional Standing Counsel submits that the affidavit of the I.I.C., Niali Police Station has been e-filed on 25.02.2026. Referring to the affidavit, he submits that charge sheet in this case has been submitted in the case against (i) Aru Bastia @ Arubinda Bastia, (ii) Pratima Bastia, W/o. Alekha Bastia and (iii) Dillip Raj Bastia, S/o. Alekha Bastia, but the learned counsel for the Petitioner has also arrayed one Babi Bastia, W/o. Dillip Raj Bastia as an Opposite Party in this CRLMP. But the question of arresting her does not arise. He further submits that the I.O. has stated that Dillip Raj Bastia has been arrested on 23.02.2026 and as Pratima Bastia is an old lady and serious patient, she could not be apprehended and Arubinda Bastia absconded from the locality, he could not be arrested and as he is not using any mobile phone after he is released on bail in CRLMC Execution Case No. 118 of 202, he has absconded from the locality.

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Since Arubinda Bastia, the husband of the Petitioner, is the main accused in the case, the I.I.C., Niali Police Station should take steps for execution of the NBW which has been issued against him expeditiously, preferably within a period of one month from today.

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Page 2 of 3

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Ms. Smita Das, learned counsel for the Petitioner submits that the property details of the absconding accused will be submitted in the learned trial Court today. If the property details are submitted, it is expected that learned J.M.F.C., Niali shall proceed under Sections 83 of Cr.P.C./ Section 85 of the BNSS, against the absconding accused forthwith.

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