Prava Ranjan Mishra Vs Superintendent of Police, Ganjam — Orissa HC (2026) — LawSathi Research

Prava Ranjan Mishra Vs Superintendent of Police, Ganjam — Orissa HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Direction to Opposite Party No.2 (IIC, Kabi Suryanagar Police Station) to complete the investigation of Kabi Suryanagar PS Case No. 88 of 2023 expeditiously in accordance with law; the prayer to add Opposite Party No.4 (HDFC Bank) as accused No.2 was declined as misconceived.

Issue for consideration

Whether the Court should direct Opposite Party No.3 (IIC, Economic Offences Wing Police Station, Bhubaneswar) to investigate the matter. +2 more

Ratio / Principle

Carrying out the investigation and proceeding against a person as an accused if the investigation reveals incriminating materials against him is the prerogative of the Investigating Officer, not a matter the Court can direct; accordingly, the second portion of the prayer — to add Opposite Party No.4 (HDFC Bank) as accused No.2 — is misconceived.

Key takeaways

During pendency of the investigation, this Court cannot direct any I.O to add any person as an accused in the case.ratio¶15
More than one year has elapsed since the order dated 03.05.2025 in CRLMP No. 507 of 2025, yet the investigation of Kabi Suryanagar PS Case No. 88 of 2023 remains pending.ratio¶17
The CRLMP is disposed of with a direction to Opposite Party No.2 — the IIC of Kabi Suryanagar Police Station — to complete the investigation in the case expeditiously in accordance with law.ratio

Detailed headnote1 paragraphs

Orissa High Court (Savitri Ratho, Vacation Judge), CRLMP No. 713 of 2026, disposed of on 17.06.2026. The petitioner sought (i) a direction to Opposite Party No.3 (IIC, Economic Offences Wing Police Station, Bhubaneswar) to investigate Kabi Suryanagar PS Case No. 88 of 2023 and (ii) addition of Opposite Party No.4 (HDFC Bank) as accused No.2. The Court held the second prayer misconceived: conducting investigation and proceeding against an accused upon discovery of incriminating material is the prerogative of the Investigating Officer, and during pendency of investigation the Court cannot direct an I.O to add any person as an accused. Noting that despite its order dated 03.05.2025 in CRLMP No. 507 of 2025 directing free and transparent investigation to its logical end, more than a year had passed with the investigation still pending, the Court directed Opposite Party No.2 (IIC, Kabi Suryanagar Police Station, Ganjam) to complete the investigation expeditiously in accordance with law.

IN THE HIGH COURT OF ORISSA AT CUTTACK

CRLMP No. 713 of 2026

Prava Ranjan Mishra ….. Petitioner Mr. Sidhartha Mishra, Advocate -versus- 1.Superintendent of Police, Ganjam 2.IIC, Kabi Suryanagar Police Station, Ganjam 3.IIC, Economic Offences Wing Police Station, Bhubaneswar ….. 4.HDFC Bank represented through Opp. Parties its Branch Manager,Bhubaneswar Mr. Jateswar Nayak, A.G.A.

Mr. Sidhartha Mishra, Advocate

CORAM:

HON’BLE MISS JUSTICE SAVITRI RATHO

ORDER 17.06.2026

Order No.

(through virtual Mode)

This CRLMP has been filed for a direction to the Opposite

Party No.3 to investigate the matter and add Opposite Party No.4 as

accused No.2.

The second portion of the order to add Opposite Party No.4 is misconceived as it is the prerogative of the Investigating Officer(in short, “I.O”) to carry out investigation and proceed against an accused if the investigation reveals incriminating materials against him. During pendency of the investigation, this Court cannot direct

any I.O to add any person as an accused in the case.

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Mr. Mishra, learned counsel for the Petitioner submits that the Petitioner had earlier filed CRLMP No. 507 of 2025, where this Court by order dated 03.05.2025 had directed that since FIR had already been registered in Kabi Suryanagar PS Case No. 88 of 2023, the concerned I.O should proceed with the investigation in a free and transparent manner for reaching its logical end. But more than one year has elapsed in the meanwhile but investigation is still pending.

The CRLMP is therefore disposed of directing the Opposite

Party No.2- the IIC of Kabi Suryanagar Police Station to complete the investigation in this case expeditiously in accordance with law.

(Savitri Ratho) Vacation Judge

Subhalaxmi

Signature Not Verified

Digitally Signed Signed by: SUBHALAXMI PRIYADARSHANI SAHOO Reason: Authentication Location: Orissa High Court, Cuttack Date: 17-Jun-2026 19:58:28

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