Panchanan Sahoo Vs Executive Magistrate Cum Addl. Dcp, Bhubaneswar

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IN THE HIGH COURT OF ORISSA AT CUTTACK CRLMP No. 754 of 2026

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Panchanan Sahoo

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…. Petitioner

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Mr. Akshaya Kumar Nayak, Advocate

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-versus-

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1. Executive Magistrate-Cum-Addl. DCP, Bhubaneswar 2.IIC, Bhraratpur PS, Bhubaneswar 3.Biswanath Sahoo 4.Dasarathi Sahoo 5.Nabaghana Sahoo 6.Utsav Sahoo 7.Sachidanada Sahoo 8.Pravat Kumar Sahoo 9.Sulochana Sahoo 10.Lalita Sahoo 11.Batima Sahoo

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…. Opp. Parties

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Mr. Amitabh Pradhan, Additional Standing Counsel

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CORAM:

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HON’BLE MISS JUSTICE SAVITRI RATHO ORDER

Order No.

24.06.2026

01.

(Through hybrid Mode)

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Mr. A.K. Nayak, learned counsel for the Petitioner

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submits that he has filed certified copy of the enquiry report of

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the police on 17.06.2026 but has not kept a copy of the report with him.

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Hence, the case is passed over. Copy of the document

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filed by the learned counsel for the Petitioner on 17.06.2026 are called for from the Registry.

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Later

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When the matter is taken up after recess, the Registry has produced information to show that the CRLMP has been filed on 05.06.2026 but no documents have been filed on 17.06.2026.

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Mr. Tapan Nayak, learned counsel appearing on behalf of Mr. A. K. Nayak, learned counsel for the Petitioner submits that the inquiry report of the IIC, Bharatpur Police Station which was stated in the first hour to have been filed on 17.06.2026, has actually been misplaced and has not been filed but he has obtained a Photostat copy of the report.

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This CRLMP has been filed with the following prayer;

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“It is therefore humbly prayed that this Hon'ble court may graciously be pleased to dispose of this writ application at the stage of admission directing the Executive Magistrate cum Additional DCP Bhubaneswar to finalise the aforesaid proceeding filed under sec 163(1) BNSS with the stipulated period and also direct the opposite party no 3 & 4 not to do any type of construction work over plot no 783/1386/3300 in khata No 233/1014 of Maujashampur, Bhubaneswar restraining the Opp parties not to enter into the disputed

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plot till the aforesaid misc. case No-626 of 2026 is finally decided by the Executive Magistrate, Bhubaneswar.

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And the Hon'ble court may further be pleased to pass any other orders as it deems just and proper and directing the IIC Bharatpur to register the FIR and for this act of kindness the petitioner as in duty bound shall ever pray.”

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The case number has not been indicated in the prayer, but after perusal of the CRLMP, it is apparent that prayer has been made for disposal of Criminal Misc. Case No. 626 of 2026 pending before the Executive Magistrate-Cum-Addl. DCP, Bhubaneswar.

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Perusal of the order sheet in Criminal Misc. Case No. 626 of 2026 reveals that the case has been instituted on 06.05.2026 and notice had been issued on the said date to the Opposite Parties and the IIC, Bharatpur Police Station had been directed to enquire into the matter and submit inquiry report by 18.05.2026. On 18.05.2026, vakalatnama was filed on behalf of the 2^nd party members SI No.2 along with a petition praying for time and Sl. No.1 and 3 to 8 had not appeared through counsel and the SR sent through registered post had returned without service, as there is no police station by the name of Paburia PS

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in Kandhamal district. Hence, the 1st party had been directed to submit the correct address of the police station of 2^nd party Sl. No.7 by the next date and the IICs of Bharatpur PS, Khandapada Ps, Daspala PS were directed to submit their report by 26.05.2026. On 26.05.2026, it was observed that the inquiry report has been received from the IIC, Bharatpur Police Station and the SRs from IICs of Khandapada, Daspala has not been received. Hence, the concerned IICs are again directed to submit report by 09.06.2026 and the case was adjourned to 09.06.2026 for submission of correct address of the 2^nd Party Sl. No. 7, appearance of 2^nd Party members Sl. No.1 and 3 to 8, filing of show cause by the 2^nd party members, awaiting SRs from concerned IICs for further orders. As the case had been filed on 05.06.2026, it is obvious that order dated 09.06.2026 could not have been filed.

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Learned counsel for the petitioner submits that he is unaware of what has happened on 09.06.2026.

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Since, Criminal Misc. Case No. 626 of 2026 has been filed under 163(1) of the BNSS, the learned Additional DCPcum-Executive Magistrate, Bhubaneswar is directed to dispose of the same expeditiously or pass interim order basing on the

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police report (of the IIC, Bharatpur Police Station) if there is no legal impediment. The purpose of filing of an application under 163 of the BNSS will be frustrated, if the matter is adjourned time and again.

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