Anil Kumar Mohanka Vs State of Odisha — Orissa HC (2026) — LawSathi Research

Anil Kumar Mohanka Vs State of Odisha — Orissa HC (2026) — LawSathi Research

IN THE HIGH COURT OF ORISSA AT CUTTACK

CRLMP No. 97 of 2026

Anil Kumar Mohanka

…. Petitioner

Ms. Dipanwita Nayak, Advocate

-versus-

State of Odisha and others

…. Opposite Parties

Mr. Raj Bhusan Dash, Additional Standing Counsel

CORAM:

THE HON’BLE MISS JUSTICE SAVITRI RATHO

ORDER

10.02.2026

Order No.

(Through hybrid mode)

This CRLMP has been filed for direction to Opposite Party No.3 to conduct fair and effective investigation in FIR No.223 of 2025 within a stipulated time.

Pursuant to order dated 02.02.2026, Mr. R.B. Dash, learned Additional Standing Counsel has produced the copy of the case diary in Jajpur Road P.S. Case No.223 of 2025 along with instructions dated 26.01.2026 and 06.02.2026 of the IIC, Jajpur Road P.S. where it has been stated that pursuant to direction of this Court in 1CC Case No.393 of 2024, Jajpur Road P.S. Case No.223 dated 18.04.2025 under Sections 329(3) / 351(3) / 126(1) / 324(2) / 324(3) / 324(6) / 325 / 333 / 61(2) / 189(1) / 3(5) of the BNS was registered. Statement of the Petitioner was recorded under Section 180 of the BNSS. The Petitioner has been requested to come again for providing the names of witnesses and their mobile numbers to the I.O., but he did not do so.

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Paragraphs 18 and 20 of the instructions dated 26.01.2026 are extracted below:

“18) PARA- On the petition of petitioner Anil Kumar Mohanka vide ICC No. 393 of honourable court of JMFC, Jajpur road, Jajpur Road PS case No. 223 dt. 18.04.2025 u/s 329(3)/351(3)/126(1)/324(2)/324(3) /324(6)/325/333/61(2)/ 189(1)/3(5)BNS was registered. Soon after registration of the case the IO has examined the petitioner Anil Kumar Mohanka and recorded his statement u/s 180 BNSS. As it was late hour night and insufficient light, the petitioner was requested by the 1.O. to come next morning to visit the spot and examine the witnesses in this case. He assured to come, but till date he has not come to the spot to assist the 1.O. in investigation of the case. Further it is mentioned that, the petitioner has not given the detail address of the witnesses of the witnesses in the petition as well as their mobile number for which the 1.O. is unable to contact them for their examination in this case. The petitioner has not yet been provided the same before the I.O. for examination. The I.O. has also examined some independent witnesses nearby the area but none of the witnesses proved the occurrence as alleged by the petitioner in the petition.

20)PARA-20. After registration of the case the 1.O. SI Amulya Kumar Mishra has examined the petitioner Anil Kumar Mohanka and recorded his statement u/s 180 BNSS. As it was late hour night, the petitioner was requested by the I.O. SI Amulya Kumar Mishra to come to

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the spot next morning to visit the spot and examine the witnesses in this case. The petitioner assured to come, but till date he has not come to assist 1.O. in investigation of the case. As the detail address of the witnesses as well as their mobile number were not mentioned in the petition by the petitioner as a result the 1.O. is failed to contact them for their examination in this case. Till date the petitioner has not provided the same before the 1.O. for which the witnesses mentioned in the petitioner have not yet been recorded their examination as witnesses in this case. The 1.O. has also examined some independent witnesses nearby the area but none of the witnesses proved the occurrence as alleged by the petitioner in the petition. So far no evidence established against the alleged accused persons for taking effective action against them according to law. This is for favour of kind information of my Honourable High Court”

As per instructions dated 06.02.2026, final report dated 31.01.2026 has been submitted. The final report is enclosed with the report. The Petitioner has an alternative remedy to challenge the same, if so advised.

Hence, in view of the developments in the case, no further direction is required to be issued for which, the CRLMP is disposed of.

Signature Not Verified

(Savitri Ratho) Judge

Digitally Signed Signed by: RANJAN KUMAR SETHI Reason: Authentication Location: ORISSA HIGH COURT RKS Date: 11-Feb-2026 19:36:59

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