Orissa High Court

CRLMP/736/2026 of SABITA MALLICK Vs STATE OF ODISHA on 13 July 2026

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of 3 IN THE HIGH COURT OF ORISSA AT CUTTACK CRLMP No.736 of 2026 Sabita Mallick …. Petitioner Mr. Bichitra Narayana Satapathy, Advocate -versus- 1.State of Odisha 2.Superintendent of Police, Kendrapada 3.IIC, Marshaghai PS, Kendrapada …. Opp. Parties Mr. A . K. Apat, Additional

IN THE HIGH COURT OF ORISSA AT CUTTACK

CRLMP No.736 of 2026

Sabita Mallick

….

Petitioner

Mr. Bichitra Narayana Satapathy, Advocate

-versus-

1.State of Odisha

2.Superintendent of Police,

Kendrapada

3.IIC, Marshaghai PS, Kendrapada

….

Opp. Parties

Mr. A. K. Apat,

Additional Government Advocate

CORAM:

HON’BLE MISS JUSTICE SAVITRI RATHO

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ORDER

Order No.

03. 13.07.2026

(Through hybrid Mode)

1. Pursuant to order dated 23.06.2026 and 06.07.2026, the case diary in Marshaghai PS Case No. 170 of 2026 has been produced.

2. Marshaghai PS Case No. 170 of 2026 has been registered on 22.04.2026 under Section 326 (g) of the BNS. Section 326(g) of the BNS, which is punishable with imprisonment for life or with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine. But perusal of the case diary reveals that no steps have been taken for arrest of the accused persons. It is also found that after 22.04.2026 and 23.04.2026, the IO opened the case diary on 01.05.2026 (Case Diary No. III), on 10.06.2026, after more than two months (Case Diary No. IV) without any progress in investigation. Only after instructions were sought for by this Court on 23.06.2026, on 01.07.2026, he has received the fire report and examined the fire officer, Marshaghai.

3. Mr. Satapathy, learned counsel for the Petitioner submits that on 06.04.2026, the petitioner had complained to the IIC, Marshaghai that the accused- Sanatan Mallick had been harassing the petitioner and threatening to burn her house. But no steps were taken by the local police to either register the FIR or conduct investigation. Hence, the accused became emboldened and after two weeks set the house of the Petitioner on fire.

4. In view of the above submission and after perusing the case diary, I am satisfied that on account of inaction and lethargy of the IIC, Marshaghai Police Station as well as the IO in the case- SI Dharitri Jena, it is necessary to direct the SP-

Opposite Party No.2 to appoint another Investigating Officer in the case, so that the case is properly investigated into.

5. The IO in the case shall be appointed within a period of five days of receipt of this order.

6. Copy of this order be communicated to the Opposite Party No.2 and 3 forthwith by the Registry.

7. Investigation in the case shall be personally supervised by the Superintendent of Police.

8. It is expected that effective investigation will be conducted and completed expeditiously.

9. The CRLMP is disposed of with the aforesaid directions.

(Savitri Ratho)

Judge

Subhalaxmi

Digitally Signed Signed by: SUBHALAXMI PRIYADARSHANI SAHOO Reason: Authentication Location: Orissa High Court, Cuttack Date: 22-Jul-2026 18:26:54 Signature Not Verified

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