Orissa High Court

CRLMP/759/2026 of INFORMANT Vs STATE OF ODISHA on 20 July 2026

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of 3 IN THE HIGH COURT OF ORISSA AT CUTTACK CRLMP No. 759 of 2026 Informant …. Petitioner Ms. Subhasmita Pattanaik, Advocate on behalf of Mr. Sk. Zafarulla, Advocate -versus- 1. State of Odisha represented through the Principal Secretary to Govt., Department of Home, Bhubaneswar 2. The

IN THE HIGH COURT OF ORISSA AT CUTTACK

CRLMP No. 759 of 2026

Informant

….

Petitioner

Ms. Subhasmita Pattanaik, Advocate

on behalf of Mr. Sk. Zafarulla, Advocate

-versus-

1. State of Odisha represented through

the

Principal

Secretary

to

Govt.,

Department of Home, Bhubaneswar

2. The Superintendent of Police, Jajpur

3. The Inspector-in-Charge, Jajpur

Town Police Station,

….

Opp. Parties

Mr. Sarathi Jyoti Mohanty,

Additional Standing Counsel

CORAM:

THE HON’BLE MISS JUSTICE SAVITRI RATHO

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ORDER

Order No. 20.07.2026

(Through Hybrid Mode)

03.

1. The grievance of the Petitioner is that on 26.01.2026, his major daughter who is under treatment for a mental disorder had gone to Mahanga to attend the Matha of Baba Kesaba, but did not return to her house. Apprehending that some untoward incident may have happened, he had reported the matter at Jajpur Town Police Station and MMR No. 16 of 2026 was registered on 28.01.2026 but thereafter the Police has not conducted any enquiry regarding her whereabouts and wellbeing. On 16.02.2026, he has submitted a complaint before the IIC, Jajpur Town Police Station. When no steps were taken on 16.02.2026, he has submitted a grievance before the S.P., Jajpur.

2. Pursuant to order dated 08.07.2026, Mr. Sarathi Jyoti Mohanty, learned Additional Standing Counsel produces the 20.07.2026 of the I.I.C., Jajpur Police Station, where it is stated that the enquiry was conducted and it was found that the alleged victim was present in the house of Sudarshan Mallik and on being examined, she stated that she is a major and had left her home as per own will and is leading a conjugal life with her husband Sudarshan Mallik. She produced the certificate of marriage issued by the Marriage Officer, Bari, Jajpur along with an affidavit sworn before the Executive Magistrate, Kamaksyanagar regarding the marriage. She also produced a marriage receipt from Gopinath Jew Temple, Bandareswar, Palai, Jajpur and other connected certificate and documents of both husband and wife. Seizure list was prepared and all documents were seized from Sudarshan Mallik. The seizure list along with other documents have been enclosed with the instructions.

3. Learned counsel for the submits that the victim is suffering from mental disorder. She also submits that Sudarshan Mallik is a married man. But no document is produced in support of such claim / allegation.

4. There is an averment in the affidavit sworn by her on 05.02.2026 before the Executive Magistrate, Kamaksyanagar, which needs clarification / correction in her own interest.

5. Considering the fact that the marriage certificate has already been issued by the Marriage Officer, Bari, District-Jajpur and the daughter of the Petitioner is a major and no medical certificate indicating her mental illness has been filed, I am not satisfied that this is a fit case to issue a direction to the Opposite Parties to register any case.

6. The CRLMP is accordingly disposed of.

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

(Savitri Ratho)

Judge

Sukanta Digitally Signed Signed by: SUKANTA KUMAR BEHERA Designation: Senior Stenographer Reason: Authentication Location: Orissa High Court, Cuttack Date: 20-Jul-2026 20:25:38 Signature Not Verified

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