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

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

What the court decided

AI extract

Outcome

Direction to the IIC, Phiringia P.S. to take effective steps to arrest the accused and complete the further investigation; petitioner left free to avail the alternative remedy if still aggrieved by the inaction of the IIC, Phiringia Police Station.

Issue for consideration

Whether effective steps have been or will be taken by the IIC, Phiringia Police Station to arrest the absconding accused Ajay Digal and to complete the further investigation left open after the Final Form of 02.07.2025. +1 more

Court's answer

In view of the rejection of the anticipatory bail application and the accused's non-surrender, effective steps for his arrest were expected from the IIC, Phiringia Police Station.

Ratio / Principle

Although more than six months had elapsed since submission of the Final Form, no steps had been taken to arrest the accused or complete the further investigation.

Key takeaways

The CRLMP is disposed of with direction to the IIC, Phiringia P.S. to take effective steps to arrest the accused and complete the further investigation.ratio¶5
It is open to the petitioner to avail the alternative remedy available if he is still aggrieved by the inaction of the IIC, Phiringia Police Station.obiter¶6

Detailed headnote1 paragraphs

High Court of Orissa at Cuttack (Savitri Ratho, J.), order dt. 22.01.2026 in CRLMP No. 1703 of 2025, filed by the victim: Pursuant to this Court's order dt. 13.01.2026, instruction dt. 19.01.2026 of the IIC, Phiringia P.S. reported that investigation, including medical examination of the victim, had been conducted, but contained no averment that the victim's statement had been recorded under Section 183 of the BNS though that was stated to be necessary in view of the offences; the victim was about 19 years old five years prior when relations with the accused were maintained. As the 60-day period was lapsing and the accused could not be apprehended, a Final Form was submitted on 02.07.2025 against accused Ajay Digal under Section 376(2)(n) IPC, investigation kept open under Section 173(8) Cr.P.C. The instruction further recorded that on 05.09.2025 Sambhu Digal produced this Court's order in ABLAPL Nos. 6510 & 8713 of 2025 directing surrender before the SDJM, Phulbani within one month from 02.09.2025, that the accused did not surrender and absconded, and that efforts to apprehend him continued; his anticipatory bail application had been rejected by this Court. On going through the case diary, the learned Additional Standing Counsel submitted that the victim's statement had since been recorded under Section 183 of the BNSS. Observing that although more than six months had elapsed since the Final Form no steps had been taken to arrest the accused or complete the further investigation, the Court disposed of the CRLMP directing the IIC, Phiringia P.S. to take effective steps to arrest the accused and complete the further investigation, leaving the petitioner free to avail the alternative remedy if the inaction persisted.