Orissa High Court
CRLMP/568/2026 of KAMAL MALLICK @ KAMAL KU. MALLICK @ LALU Vs STATE OF ODISHA on 30 June 2026
of 3 IN THE HIGH COURT OF ORISSA AT CUTTACK CRLMP No. 568 of 2026 Kamal Mallick @ Kamal Ku. Mallick @ Lalu …. Petitioner Mr. Ashok Kumar Sarangi, Advocate -versus- 1. State of Odisha, represented by its Secretary, Deptt. of Home, Bhubaneswar 2. Superintendent of Police, Jajpur 3. Inspector
IN THE HIGH COURT OF ORISSA AT CUTTACK
CRLMP No. 568 of 2026
Kamal Mallick @ Kamal Ku. Mallick
@ Lalu
….
Petitioner
Mr. Ashok Kumar Sarangi, Advocate
-versus-
1. State of Odisha, represented by its
Secretary, Deptt. of Home,
Bhubaneswar
2. Superintendent of Police, Jajpur
3. Inspector in Charge. Jajpur Sadar
Police Station
….
Opp. Parties
Mr. Amitabh Pradhan,
Additional Standing Counsel
CORAM:
THE HON’BLE MISS JUSTICE SAVITRI RATHO
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ORDER
Order No. 30.06.2026
04. (Through Hybrid Mode)
1. This CRLMP has been filed for a direction to the Opposite Party No.3-Inspector-in-Charge, Jajpur Sadar Police Station, District-Jajpur to submit final form in Jajpur Sadar P.S. Case No. 35 of 2025 corresponding to C.T. Case No. 334 of 2025.
2. Mr. A.K. Sarangi, learned counsel for the Petitioner submits that the Police has submitted final report in Jajpur Sadar P.S. Case No. 35 of 2025 on 30.11.2025. Jajpur Sadar P.S. Case No. 37 of 2025 registered subsequently was not maintainable in view of the decision of the Supreme Court in the case of T.T. Antony vrs. State of Kerala and Others reported in (2001) 6 SCC 181 as it related to the same occurrence as Jajpur Sadar P.S. Case No. 35 of 2025, but chargesheet has been submitted against the Petitioner on 17.05.2025 in Jajpur Sadar P.S. Case No. 37 of 2025. As the case is now pending as C.T. Special Case No.29 of 2025, in the Court of the learned Sessions Judge, Jajpur for framing of charge, the Petitioner may be permitted to raise all his contentions before the learned trial Court.
3. Mr. Amitabh Pradhan, learned Additional Standing Counsel submits that since Jajpur Sadar P.S. Case No. 35 of 2025 and Jajpur Sadar P.S. Case No. 37 of 2025 relate to the same occurrence, investigation in Jajpur Sadar P.S. Case No. 35 of 2025 should have taken into account the complaint pursuant to which the Jajpur Sadar P.S. Case No. 37 of 2025 was registered. But inadvertently, final report has been submitted in Jajpur Sadar P.S. Case No. 35 of 2025 while chargesheet has been submitted in Jajpur Sadar P.S. Case No. 37 of 2025. But no prejudice should be caused to the Petitioner as only one case is now pending against him.
4. In view of the fact that Jajpur Sadar P.S. Case No. 37 of 2025 corresponding to C.T. Case No. 334 of 2025 is now pending puspa as C.T. Special Case No.29 of 2025 before the learned Sessions Judge, Jajpur for framing of charge, the CRLMP is disposed of granting liberty to the Petitioner to raise all his contentions before the learned trial Court which shall be considered in accordance with law.
5. It is made clear that this Court has not gone into the merits of the submissions of the learned counsel.
6. Urgent certified copy of this order be granted on proper application. (Savitri Ratho)
Judge
Digitally Signed Signed by: PUSPANJALI MOHAPATRA Reason: Authentication Location: Orissa High Court Date: 30-Jun-2026 19:56:33 Signature Not Verified