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Kalpana Sahoo v. State of Odisha

Orissa HC3 Feb 2026CRLMP/1518/2025

Case brief

AI extract

What is this about?

CRLMP No. 1518 of 2025; Kalpana Sahoo v. State of Odisha; Orissa High Court; Savitri Ratho; disposed 03.02.2026; Jharsuguda Town P.S. Case No. 161 of 2023; counter case Jharsuguda Town P.S. Case No. 178 of 2023; Final Report False; Final Form No. 161 dated 12.01.2026; Sections 294/506/504/34 IPC; Cr.P.C.; BNSS; informant remedy against final report; no permission of Court required; liberty to challenge Final Report; alternate remedy; direction to complete investigation; transfer of investigation to DSP rank.

What did the court decide?

With observations that remedy is available to an aggrieved informant/complainant under the Cr.P.C. and BNSS without requiring the Court's permission, the Petitioner was granted liberty to challenge the Final Report / avail the alternate remedy under law; urgent certified copy to be granted on proper application.

Kalpana Sahoo 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 Court should direct Opposite Party No.3 (Inspector-in-Charge, Jharsuguda Town P.S.) to complete the investigation in Jharsuguda Town P.S. Case No. 161 of 2023 within a fixed time frame, and direct Opposite Party No.2 (Superintendent of Police, Jharsuguda) to monitor or transfer the investigation to an officer not below the rank of Deputy Superintendent of Police to ensure fairness and impartiality. +1 more

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Ratio / Principle

A remedy is available to an informant/complainant under the Cr.P.C. as well as the BNSS where he/she is aggrieved by such final report, and no permission of the Court is required to pursue it.

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Key takeaways

The Petitioner is at liberty to challenge the Final Report / avail the alternate remedy which is available to her under law.ratio¶23

Detailed headnote1 paragraphs

High Court of Orissa at Cuttack (Savitri Ratho, J.), Order dated 03.02.2026 in CRLMP No. 1518 of 2025 (Kalpana Sahoo v. State of Odisha and others): The CRLMP was filed praying for a direction to the Inspector-in-Charge, Jharsuguda Town P.S. to complete the investigation in Jharsuguda Town P.S. Case No. 161 of 2023 (registered 08.03.2023 on the Petitioner's complaint) within a fixed time frame, and for the Superintendent of Police, Jharsuguda to monitor or transfer the investigation to an officer not below Deputy Superintendent of Police rank. A counter complaint over the same incident had been registered on 17.03.2023 as Jharsuguda Town P.S. Case No. 178 of 2023, in which chargesheet was submitted and trial commenced. During pendency of the CRLMP, the investigation in Case No. 161 of 2023 concluded with a Final Report (False) under Sections 294/ 506/ 504/34 of IPC vide Final Form No. 161 dated 12.01.2026. The Court held that remedy is available to an informant/complainant aggrieved by such final report under the Cr.P.C. as well as the BNSS and no permission of the Court is required, and disposed of the CRLMP granting the Petitioner liberty to challenge the Final Report / avail the alternate remedy available under law.

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IN THE HIGH COURT OF ORISSA AT CUTTACK

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CRLMP No. 1518 of 2025

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Kalpana Sahoo

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….. Petitioner

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Ms. Madhusnata Routray, Advocate

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-versus-

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1. State of Odisha 2. The Superintendent of Police, Jharsuguda, Odisha 3. Inspector-in-Charge, Jharsuguda Town P.S., Jharsuguda

Opposite Party

Mr. S.K. Rout, ASC

CORAM:

HON’BLE MISS JUSTICE SAVITRI RATHO

ORDER

03.02.2026

Order No.

(Through hybrid mode)

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This CRLMP has been filed with the prayer for issue of a direction to the Opposite Party No.3-Inspector-in-charge, Jharsuguda Town P.S., Jharsuguda to complete the investigation in Jharsuguda Town P.S. Case No. 161 of 2023 within a fixed time frame and for a direction to the Opposite Party No.2-The Superintendent of Police, Jharsuguda, Odisha to monitor or transfer the investigation to any other officer not below the rank of Deputy Superintendent of Police to ensure fairness and impartiality in the investigation.

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It appears that on the basis of the complaint of the Petitioner, Jharsuguda Town P.S. Case No. 161 of 2023 had been registered on 08.03.2023. But relating to the same incident a counter complaint was registered on 17.03.2023 (after nine days) as Jharsuguda Town P.S. Case No. 178 of 2023 in which chargesheet has been submitted and trial has commenced. In the affidavit filed by the Opposite Party No.2-The Superintendent of Police, Jharsuguda, (it has been

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submitted that affidavit) apart from describing the allegations in both the cases and referring to the statements of the witnesses examined during investigation, it has been stated that Jharsuguda Town P.S. Case No. 161 dated 08.03.2023 was registered after receipt of the complaint of the Petitioner through post and after completion of investigation, Final Report False under Sections 294/ 506/ 504/34 of IPC vide Final Form No. 161 dated 12.01.2026 has been submitted.

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Ms. Madhusnata Routray, learned counsel for the Petitioner submits that she was not intimated earlier about the filing of the Final Report (False) dated 12.01.2026 in Jharsuguda Town P.S. Case No. 161 of 2023. The same has been filed during pendency of this CRLMC so she may be granted liberty to avail the remedy which is available to her under the Cr.P.C./BNSS as she is aggrieved by filing of Final Report without proper investigation.

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As remedy is available to an informant/ complainant under the Cr.P.C. as well as the BNSS who is aggrieved by such final report, no permission of the Court is required.

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