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

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

What the court decided

AI extract

Outcome

None - the Court held that no further order was required to be passed in the CRLMP and did not grant the direction sought.

Issue for consideration

Whether the Court should direct Opposite Party No.4 (IIC, Bharatpur PS) to take immediate steps to apprehend Opposite Party No.5 (Manas Ranjan Das) in connection with Bharatpur P.S. Case No.571 of 2025 within a stipulated time.

Court's answer

In view of the case diary showing the accused's arrest in the connected case and the statement that Manas Ranjan Das is co-operating with the investigation, no further order is required to be passed in the CRLMP.

Key takeaways

If the petitioner is still aggrieved by the investigation in Bharatpur P.S. Case No.571 of 2025, it is open to him to avail the alternative remedy available to him in view of the Supreme Court decision in Sudhir Bhaskarrao Tambe vs. Hemant Yashwant Dhage and Others, 2016 (6) SCC 277.obiter¶16

Detailed headnote1 paragraphs

CRLMP No. 1700 of 2025 (High Court of Orissa at Cuttack; Savitri Ratho, J.; order dated 03.02.2026): The petitioner sought a direction to the IIC, Bharatpur PS (Opposite Party No.4) to apprehend the main accused, Manas Ranjan Das (Opposite Party No.5), in connection with Bharatpur P.S. Case No.571 of 2025 within a stipulated time. Perusing the case diary, the Court noted that the accused had been apprehended and arrested on 09.10.2025 in connection with Bharatpur PS Case No. 378 of 2024, and that on 22.11.2025 he had arrived at the police station and co-operated with the investigation, whereupon notice under Section 35(3) of the BNSS was served on him. Holding that the accused was co-operating with the investigation, the Court found no further order required in the CRLMP, observed that a petitioner still aggrieved by the investigation may avail the alternative remedy indicated by the Supreme Court in Sudhir Bhaskarrao Tambe vs. Hemant Yashwant Dhage and Others, 2016 (6) SCC 277, and disposed of the CRLMP with these observations.

IN THE HIGH COURT OF ORISSA AT CUTTACK CRLMP No. 1700 of 2025

Tofan Kumar Das ….. Petitioner

Mr. Bharat Bhusan Routray, Advocate

-versus-

1. State of Odisha 2. Commissioner of Police, Bhubaneswar 3. Deputy Commissioner of Police, Bhubaneswar ….. Opposite Parties 4. IIC, Bharatpur PS Mr. Saroj Kumar Rout, 5. Manas Ranjan Das Additional Standing Counsel

CORAM:

HON’BLE MISS JUSTICE SAVITRI RATHO ORDER

03.02.2026

Order No. 05.

(Through hybrid Mode)

This CRLMP has been filed for a direction to the Opposite Party No.4 to take immediate steps to apprehend the Opposite Party No.5 in connection with Bharatpur P.S.Case No.571 of 2025 within a stipulated time.

In instruction dated 22.11.2025, it had been stated that the main accused- Manas Ranjan Das (Opposite Party No.5) had been served with notice under Section 35 of the BNS to appear in the Court as and when required.

On hearing the submission of learned counsel for the petitioner that Priyanka Das, wife of Manas Ranjan Das had been arrested in the case while the main accused Manas Ranjan Das was not, the matter had been adjourned to today for production of the case diary for perusal.

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On perusal of the case diary, it appears that on 09.10.2025 the SI of Bharatpur Police Station has noted in the case diary that accused Manas Ranjan Das was apprehended and arrested on 09.10.2025 in connection with Bharatpur PS Case No. 378 of 2024 and on 22.11.2025 accused Manas Ranjan Das had arrived at the police station and co-operated with the investigation, for which notice under Section 35(3) of the BNSS was served on him to cooperate with the investigation.

In view of the above fact and as it is stated that Manas Ranjan Das is co-operating with the investigation, no further order is required to be passed in the CRLMP, but if the petitioner is still aggrieved by the investigation in Bharatpur P.S. Case No.571 of 2025, it is open to him to avail the alternative remedy which is available to him in view of the decision of the Supreme Court in the case of Sudhir Bhaskarrao Tambe vs. Hemant Yashwant Dhage and Others reported in 2016 (6) SCC 277.

The CRLMP is disposed of with the aforesaid observation.

(Savitri Ratho) Judge

Subhalaxmi

Signature Not Verified

Digitally Signed Signed by: SUBHALAXMI PRIYADARSHANI SAHOO Reason: Authentication Location: Orissa High Court, Cuttack Date: 03-Feb-2026 20:50:29

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