Kaibalya Das Vs State of Odisha — Orissa HC (2026) — LawSathi Research

Kaibalya Das Vs State of Odisha — Orissa HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Directions issued: the transferred Malkhana In-charge to hand over charge by 09.03.2026; the petitioner's firearm to be released to him within one month of such handover after complying with the formalities; Opposite Party No. 2 to take appropriate steps on failure to hand over charge; urgent certified copy on proper application; copy of the order to be sent to the IIC, Aska P.S., District-Ganjam and S.P., Ganjam for compliance.

Issue for consideration

Release of the petitioner's alleged seized gun lying in the Malkhana of Aska Police Station, in compliance with the judgment of the Assistant Sessions Judge, Aska in S.T. No. 22 of 2013 dated 19.09.2016. +1 more

Court's answer

Once charge of the Malkhana is handed over, the petitioner's firearm should be released to the petitioner within a period of one month after complying with the formalities.

Ratio / Principle

A Malkhana In-charge, on transfer, is expected to hand over complete charge without any delay so that trials are not affected; Sri Gyana Ranjan Sethy is expected to hand over charge of the Malkhana by 09.03.2026.

Key takeaways

If Sri Gyana Ranjan Sethy fails to hand over charge of the Malkhana, appropriate steps should be taken by Opposite Party No. 2 (Superintendent of Police, Ganjam).ratio¶21

Detailed headnote1 paragraphs

CRLMP No. 1628 of 2025 (Kaibalya Das v. State of Odisha and others), High Court of Orissa at Cuttack, Savitri Ratho, J., order dated 17.02.2026: Pursuant to earlier orders dated 12.01.2026 and 02.02.2026, the Additional Standing Counsel produced instructions dated 17.02.2026 of the IIC, Aska P.S. showing that the Malkhana In-charge, S.I. Sri Gyana Ranjan Sethy, transferred on promotion and relieved on 11.01.2026 to join Sheragada P.S., had not yet handed over charge of the Malkhana, thereby delaying release of the petitioner's alleged seized gun needed for compliance with the judgment of the learned Assistant Sessions Judge, Aska in S.T. No. 22 of 2013 dated 19.09.2016. The Court held that a Malkhana In-charge, on transfer, is expected to hand over complete charge without any delay so that trials are not affected; expected Sri Gyana Ranjan Sethy to hand over charge by 09.03.2026; directed that once charge is handed over, the petitioner's firearm be released to him within one month after complying with the formalities; and directed that on failure to hand over charge, appropriate steps be taken by Opposite Party No. 2 (Superintendent of Police, Ganjam). With these directions the CRLMP was disposed of, and a copy of the order was ordered to be sent to the IIC, Aska P.S., District-Ganjam and the S.P., Ganjam for compliance.

IN THE HIGH COURT OF ORISSA AT CUTTACK

CRLMP No. 1628 of 2025

Petitioner

Kaibalya Das

Mr. Rakesh Kumar Mallick, Advocate

-versus-

1. State of Odisha

….. Opposite Parties

2. Superintendent of Police, Ganjam

3. IIC, Aska Police Station, Aska, District-Ganjam

Mr. S.K. Rout, ASC

CORAM:

HON’BLE MISS JUSTICE SAVITRI RATHO ORDER

17.02.2026

Order No. (Through hybrid mode)

Pursuant to order dated 12.01.2026 and 02.02.2026, Mr. S.K. Rout, learned Additional Standing Counsel produces the instructions dated 17.02.2026 of the IIC, Aska P.S., District-Ganjam which reveals that the Malkhana In-charge, S.I. Sri Gyana Ranjan Sethy of Aska Police Station has been transferred on promotion and relieved from Aska P.S. to join at his new place of posting at Sheragada P.S. on 11.01.2026 and he has not yet handed over charge of Malkhana till date. It is stated that on 18.01.2026, 02.02.2026 and 14.02.2026, he had been asked to hand over charge of Malkhana so that the alleged seized gun if available will be handed over to the Petitioner. On being contacted over phone, Inspector Sri Gyana Ranjan Sethy informed that he is engaged in assembly duty at Bhubaneswar.

Mr. S.K. Rout, learned Additional Standing Counsel submits that assembly session is from 17.02.2026 to 24.02.2026 and from 09.03.2026 to 08.04.2026 so it is expected that he will hand over charge of the Malkhana between 24.02.2026 and 09.03.2026 so that

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the judgment of the learned Assistant Sessions Judge, Aska in S.T. No. 22 of 2013 dated 19.09.2016 will be complied with.

On being transferred, an Officer In-charge of the Malkhana is expected to hand over complete charge without any delay, so that trials are not affected. So it is expected that Sri Gyana Ranjan Sethy will hand over charge by 09.03.2026. Once charge is handed over, the firearm of the Petitioner should be released to the Petitioner within a period of one month hence after complying with the formalities. On his failure to hand over charge, appropriate steps should be taken by Opposite Party No.2.

With this direction, the CRLMP is disposed of.

Urgent certified copy of this order be granted on proper application.

Copy of this order be sent to the IIC, Aska P.S., DistrictGanjam and S.P., Ganjam by the Registry for compliance.

(Savitri Ratho) Judge

puspa

Signature Not Verified

Digitally Signed Signed by: PUSPANJALI MOHAPATRA Reason: Authentication Location: Orissa High Court Date: 17-Feb-2026 18:04:35

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