Orissa High Court
CRLMP/676/2026 of MAKAR SINGH Vs STATE OF ODISHA on 22 June 2026
of 2 IN THE HIGH COURT OF ORISSA AT CUTTACK CRLMP No. 676 of 2026 Makar Singh …. Petitioner None -versus- 1. State of Odisha, represented through Secretary, Home Department, Bhubaneswar 2. Superintendent of Police, Kendrapara 3. I.I.C., Marshaghai Police Station …. Opp. Parties Mr.
IN THE HIGH COURT OF ORISSA AT CUTTACK
CRLMP No. 676 of 2026
Makar Singh
….
Petitioner
None
-versus-
1. State of Odisha, represented through
Secretary,
Home
Department,
Bhubaneswar
2.
Superintendent
of
Police,
Kendrapara
3. I.I.C., Marshaghai Police Station
….
Opp. Parties
Mr. Ashok Kumar Apat,
Additional Government Advocate
CORAM:
THE HON’BLE MISS JUSTICE SAVITRI RATHO
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ORDER
Order No. 22.06.2026
(Through Hybrid Mode)
01.
1. None appeared for the Petitioner when the matter was called in the first hour (the matter was listed at Sl. No.2) so it was passed over. When the matter is called after recess, none appears on behalf of the Petitioner.
2. This CRLMP has been filed with a prayer to direct the Opposite Party No.3 to take legal action and register the case under Section 109 of BNS, 2023.
3. From a perusal of Annexure-1, the copy of the FIR in Marsaghai P.S. Case No. 84 of 2026, it is apparent that it has been registered under Sections 126(2), 115(2), 296, 308(4), 351(3) and 3(5) of BNS against one Papu Behera and others.
4. Copy of the prescription of the Petitioner dated 24.02.2026 of the DHH, Kendrapara has been annexed as Annexure-2 which indicates that he has sustained a stitched injury on the left CAC.
5. It is the settled position of law that the FIR is not the encyclopedia of the case. If during investigation the Investigating Officer finds materials which make out an offence under Section 109 of BNS against the accused persons, he/she is duty bound to include the said offence and proceed with the investigation of the same and include the offence in the final form.
6. If the Petitioner is in any way aggrieved by the result of the investigation, he is at liberty to challenge the same in the appropriate forum.
7. With this observation, the CRLMP is disposed of.
8. 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: 22-Jun-2026 19:47:02 Signature Not Verified