Disposed¶21

Santosh Kumar Nayak v. State of Odisha

Orissa HC22 Jun 2026CRLMP/688/2026

Case brief

AI extract

What is this about?

Fair investigation direction; CRLMP disposed of; writ, order and direction cannot be granted simultaneously; Pattamundai Model P.S. Case No. 102 of 2026; BNS offences; slow investigation; accused absconded with weapon; cross case No. 101 of 2026 ended in chargesheet; Orissa High Court; Savitri Ratho, J.

What did the court decide?

Direction to Opposite Party No.3 (IIC, Pattamundai Model P.S.) to take steps for completion of investigation in accordance with law in Pattamundai Model P.S. Case No. 102 of 2026 expeditiously. ¶21

Santosh Kumar Nayak Vs State of Odisha — Orissa HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Direction to Opposite Party No.3 (IIC, Pattamundai Model P.S.) to take steps for completion of investigation in accordance with law in Pattamundai Model P.S. Case No. 102 of 2026 expeditiously.

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Issue for consideration

Whether the IIC, Pattamundai Model Police Station (Opposite Party No.3) should be directed to conduct a proper and fair investigation in Pattamundai Model P.S. Case No. 102 of 2026.

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Court's answer

The prayer is misconceived as writ, order and direction cannot be issued, since all three reliefs cannot be granted simultaneously.

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Ratio / Principle

The CRLMP is disposed of directing Opposite Party No.3 (IIC, Pattamundai Model P.S.) to take steps for completion of investigation in accordance with law in Pattamundai Model P.S. Case No. 102 of 2026 expeditiously.

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Detailed headnote1 paragraphs

Orissa High Court (Savitri Ratho, J.), CRLMP No. 688 of 2026, order dated 22.06.2026 — Petitioner Santosh Kumar Nayak sought a writ, order and direction to the IIC, Pattamundai Model Police Station (Opposite Party No.3) for a proper and fair investigation in Pattamundai Model P.S. Case No. 102 of 2026, registered on 03.03.2026 under Sections 296/115(2)/118(2)/109/303(2)/324(4)/351(2)/351(3)/3(5) BNS, alleging that investigation was proceeding at a slow pace and the accused had not been arrested. The Court observed the prayer misconceived as writ, order and direction cannot be issued as all three reliefs cannot be granted simultaneously. Per the State's instructions dated 29.05.2026, offences under Sections 329(4)/126(2)/296/109/115(2)/117(2)/118(1)/74/351(2)/351(3)/3(5) BNS were made out against Ramesh Nayak, Ajay Nayak, Suchitra Nayak and Subhashree Nayak, who absconded soon after the occurrence with the weapon of offence, steps being taken to arrest them. A cross case, Pattamundai Model P.S. Case No. 101 of 2026, registered the same day against the Petitioner and others, had ended in filing of chargesheet. Disposing of the CRLMP, the Court directed the IIC to take steps for completion of investigation in accordance with law in Case No. 102 of 2026 expeditiously.

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IN THE HIGH COURT OF ORISSA AT CUTTACK CRLMP No. 688 of 2026

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Santosh Kumar Nayak

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….. Petitioner Mr. S.K. Patri, Advocate

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-versus-

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1. State of Odisha 2. The Superintendent of Police, Kendrapara 3. The Inspector-in-Charge, Pattamundai Model Police Station, ….. Pattamundai, District-Kendrapara Opposite Parties Mr. S.J. Mohanty, ASC

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CORAM:

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HON’BLE MISS JUSTICE SAVITRI RATHO

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ORDER 22.06.2026

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Order No. (Through hybrid mode) 01. 1. This CRLMP has been filed for issue of an appropriate writ,

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order, direction to the IIC, Pattamundai Model P.S.-Opposite Party No.3 for conducting proper and fair investigation in Pattamundai

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Model P.S. Case No. 102 of 2026.

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The prayer is misconceived as writ, order and direction cannot be issued as all three reliefs cannot be granted simultaneously.

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Mr. S.K. Patri, learned counsel for the Petitioner submits that Pattamundai Model P.S. Case No. 102 of 2026 has been registered on 03.03.2026 under Sections 296/ 115(2)/ 118(2)/ 109/ 303(2)/

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Page 1 of 3

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324(4)/ 351(2)/ 351(3) and 3(5) of the BNS. But the investigations in proceeding at a slow pace and the accused have not been arrested.

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Mr. S.J. Mohanty, learned Additional Standing Counsel produces the instructions dated 29.05.2026 of the IIC, Pattamundai Model Police Station where it is stated that during investigation, the evidence disclosed that offences under Sections 329(4)/ 126(2)/ 296/ 109/ 115 (2)/ 117(2)/ 118(1)/ 74/ 351(2)/ 351(3)/ 3(5) of the BNS are

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well made out against (1) Ramesh Nayak, (2) Ajay Nayak, (3) Suchitra Nayak and (4) Subhashree Nayak, Wife of Bala @ Bailochan Nayak. But soon after the occurrence, the accused persons absconded from the village with weapon of offence and their whereabouts are not known. However steps are being taken to arrest the accused at an early date. The said instructions are taken on record.

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On instructions, Mr. S.J. Mohanty, learned Additional Standing Counsel submits that on the same day, Pattamundai Model P.S. Case No. 101 of 2026 had been registered against the Petitioner and others and the case has ended in filing of chargesheet.

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As it has been stated in the instructions that steps are being

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Page 2 of 3

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taken to arrest the accused persons who had absconded soon after the occurrence and investigation has been completed in Pattamundai Model P.S. Case No. 101 of 2026, the CRLMP is disposed of directing the Opposite Party No.3-IIC, Pattamundai Model P.S. to take steps for completion of investigation in accordance with law in Pattamundai Model P.S. Case No. 102 of 2026 expeditiously.

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

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puspa

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(Savitri Ratho) Judge

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Signature Not Verified

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Digitally Signed Signed by: PUSPANJALI MOHAPATRA Reason: Authentication Location: Orissa High Court Date: 22-Jun-2026 18:17:08

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Page 3 of 3

Santosh Kumar Nayak v. State of Odisha

Case brief

What is this about?

What did the court decide?

Santosh Kumar Nayak v. State of Odisha

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

Coram

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