Anil Nayak Vs State of Odisha

Instant CRLMP is filed by the petitioner for a direction to the police to investigate the matter afresh and to register a case under Section 109 BNSS in addition to other offences against the accused persons vis-à-vis the alleged incident on the grounds stated therein.

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Perused the F.I.R. as at Annexure-1. Admittedly, no case under Section 109 BNS has been registered. A copy of the chargesheet is at Annexure-2 and it has also not included such an offence but filed under Section(s) 126(2), 296, 115(2) 351(3) and 125 & (3) (5) BNS. From Annexure-3 series, it is made to understand that the petitioner requested opposite party No.2 for the investigation into the offence under Section 109 IPC after filing of the chargesheet as per Annexure-2. Referring

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to Annexure-4, it is submitted that the assault was by means of an iron rod and the petitioner has received head injuries and a case under Section 109 IPC is prima facie made out but for no such offence, the case was registered and not even included in the chargesheet i.e. Annexure-2, hence, a direction is required for fresh investigation into the incident.

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Recorded the submission of Mr. Pattnaik, learned counsel for the petitioner and State. Reply affidavit is filed by the State pursuant to the Court’s order dated 15^th May, 2026 as at Flag-B. Besides the affidavit (supra), the written instruction received from the IIC, Bargarh, namely, opposite party No.3 by the office of the learned AG, Odisha is at Flag-A.

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Mr. Pattnaik, learned counsel for the petitioner would submit that considering the allegations in the F.I.R., a case under Section 109 BNS should have been registered. The further submission is that for such offence even the chargesheet is not filed, hence, no proper investigation has taken place. The reply affidavit of opposite party No.3 reveals that during and in course of investigation, the I.O. seized the weapon of offence, an iron rod and some stones used by the accused persons. The said affidavit further reveals examination of witnesses during investigation. The allegation of the petitioner is that he was assaulted by the accused persons on to his head by means of iron rod causing severe bleeding injuries and was also threatened with dire consequences. The injury report is at Annexure-A/3. The said affidavit reveals the petitioner to have suffered laceration and abrasions on the head and wrist stated to

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be simple in nature with an opinion therein that it might have been caused by a hard and blunt object (iron rod). Recording the submission of Mr. Pattnaik, learned counsel for the petitioner and response of the State, this Court is of the view that as the investigation is already over and all such material evidence have been collected during investigation, there is no need for any further investigation but granting liberty to the petitioner to move the learned court below in C.T. Case No. 1226 of 2025 to consider taking cognizance for an offence under Section 109(1) BNS considering the chargesheet filed.

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Notwithstanding the injuries received by the petitioner and it is stated to be simple, this Court is of the view that he having been assaulted by an iron rod, learned court below is required to examine the materials on record in its entirety to consider whether any such offence punishable under Section 109(1) BNS is prima facie made out against the accused persons. Such a decision by the learned court below is required to be based on the incriminating materials collected during investigation of the I.O. concerned with a hearing thereon.

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Accordingly, it is ordered.

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In the result, the CRLMP stands disposed of with the direction as aforesaid. In the event, the learned SDJM, Bargarh proceed to consider taking cognizance of the offences in view of the chargesheet as per Annexure-2 shall take judicial notice of all the materials filed therewith followed by a decision as to whether an offence under Section 109(1) BNS is made out in compliance of the direction hereinabove.

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