Rokkam Ananta Vs State of Odisha — Orissa HC (2026) — LawSathi Research

Rokkam Ananta Vs State of Odisha — Orissa HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

CRLMP disposed of with directions: learned counsel for the petitioner undertook to furnish the details of the accused persons' properties before the learned Gram Nyayadhikari-cum-Judicial Magistrate First Class, Kashinagar within two weeks along with a copy of the order; on such furnishing in accordance with Section 83 Cr.P.C., an order of attachment of the accused persons' properties shall be passed and effected in accordance with Section 83 Cr.P.C. or Section 85 BNSS, preferably within fifteen days of production of the details; no attachment order need be passed if the accused persons surrender in Court or are produced on execution of the NBW; urgent certified copy of the order to be granted on proper application.

Issue for consideration

Whether Opposite Party Nos. 2 and 3 (Superintendent of Police, Gajapati and Inspector in-Charge, Kahinagar) should be directed to arrest Opposite Party Nos. 4 to 15, and whether the learned Gram Nyayadhikari-cum-Judicial Magistrate First Class, Kashinagar should be directed to initiate proceedings under Sections 82 and 83 Cr.P.C. +1 more

Ratio / Principle

The Court found that the earlier I.I.C. had failed to execute the NBWs issued against the accused persons and that the affidavit gave no indication that the present I.I.C. intended to take any steps for their execution.

Key takeaways

It was directed that if the complainant furnishes the details of the property of the accused persons in accordance with Section 83 Cr.P.C., an order of attachment of their properties shall be passed.ratio¶37
Attachment was directed because the local police had evinced no interest or inclination to execute the warrants issued against the accused persons; the Court had no other alternative than to direct issue of an attachment order under Section 83 Cr.P.C., with the hope that this would ensure the accused persons' appearance before the Court below.ratio¶40

Detailed headnote1 paragraphs

CRLMP No. 975 of 2025, High Court of Orissa at Cuttack (Savitri Ratho, J.), order dated 17.02.2026 — Rokkam Ananta v. State of Orissa (through DGP, Cuttack), Superintendent of Police, Gajapati, Inspector in-Charge, Kahinagar and twelve members of the Sabar family (Opposite Party Nos. 4–15). The petitioner sought a direction to Opposite Party Nos. 2 and 3 to arrest the accused persons and for initiation of proceedings under Sections 82 and 83 Cr.P.C. before the learned Gram Nyayadhikari-cum-Judicial Magistrate First Class, Kashinagar. An affidavit filed pursuant to this Court's order dated 02.02.2026 by the I.I.C., Kashinagar Police Station (on behalf of the Superintendent of Police, Ganjam and himself) recorded that on 26.08.2025 the then I.I.C., Sunil Kumar Behera, had pasted copies of the proceedings on the front walls of the accused persons' houses with Odia-language announcement and drum beats, requiring appearance on 11.09.2025; photographs showed only one door locked from outside and the rest merely bolted. The Court observed that the earlier I.I.C. had failed to execute the NBWs, that the affidavit disclosed no intention by the present I.I.C. to execute them, that process under Sections 82 and 83 Cr.P.C. had been issued simultaneously without following the procedure under Section 83, and that on 17.02.2025 the file had been sent to the dormant file without proper procedure. Finding the local police devoid of interest or inclination to execute the warrants, the Court disposed of the CRLMP, directing that if the complainant furnished the details of the accused persons' property in accordance with Section 83 Cr.P.C., an order of attachment shall be passed and carried out in accordance with Section 83 Cr.P.C. or Section 85 BNSS, expeditiously and preferably within fifteen days of production of the details; counsel undertook to furnish the details within two weeks; and attachment would be unnecessary if the accused persons surrendered or were produced on execution of the NBW.