CRLMP/682/2026 of DEBENDRA SWAIN Vs SAGARA PATRA on 22 June 2026

ORDER

Order No. 22.06.2026

(Through Hybrid Mode)

01.

1. This CRLMP has been filed with the following prayer:-

“Therefore it is prayed that your Hon'ble Court may be graciously pleased to direct the Opp. parties No.3 & 4 for further investigation about the occurrence and find out the culprit and whoever should be punished in the eyes of law for the ends of justice ;

And it is your Hon'ble Court may further be passed any direction and directions ;

And for this act of kindness, the petitioner as in duty bound shall ever pray.”

2. The date chart filed by the Petitioner is reproduced below:- “14.03.2026 - The date of occurrence was took place 15.03.2026 - The petitioner lodged an F.I.R.

15.03.2026 - The U.D. Case No.898/2026 was prepared.”

3. Mr. Satyaranjan Swain, learned counsel for the Petitioner submits that the son of the Petitioner was assaulted brutally by his colleagues after participating in a feast and died. They had taken him to the hospital, where the doctor declared that he was received dead. He further submits that the police did not carry out proper investigation, for which he has approached this Court.

4. Mr. Ashok Kumar Apat, learned Additional Government Advocate produces the instructions dated 30.05.2026 of the I.I.C., Bhadrak (T) Police Station, where it is stated as follows:- “With the reference and subject cited above I have the honour to submit the following compliance report to the instructions of the CRIMP relating to death of Debabrata @ Debadutta Swain, S/O-Debendra Swain of village Tillo, P.S-Bonth, Dist- Bhadrak.

1- On 15-03-2026 on the ML.C report received from Dr. Soumya S.Panda of DHH, on the death of Debabrata@ Debadutta Swain, S/O-Debendra Swain of village Tillo, P.S Bonth, Dist-Bhadrak, Bhadrak Town P.S U.D. Case no-08 dtd. 15-03- 2026 was registered and ASI Subhendu Pati was entrusted with enquiry of the UD case.

2- Inquest over the dead body was conducted in presence of the family members of the deceased and in the inquest report, petitioner Debendra Swain cited nothing adverse in his opinion, rather mentioned that his suspicion will base on PM report. The said inquest report is attached here with. (Annexture-1)

3- Autopsy over the dead body of the deceased was conducted by Dr. Karunakara Rout, M.O, D.H.H, Bhadrak. In the Autopsy report furnished by Dr. Karunakara Rout, M.O, D.H.H. Bhadrak, he detected no external injury on any part of the body of the deceased. He opined the cause of death of deceased is due to Heart Failure resulting from his previously dilatated Cardio myopathy and of it's complication and the time since death is 24 hours at the time of his autopsy. The PM report is annexed here with. (Annexture- 2).

4- During local enquiry it is ascertain that deceased was addicted to various drugs like Brown Sugar and Ganja. On the date of occurrence, deceased came to Bhadrak to receive his friend Sagar Patra, S/O-Tapan Patra, Vill- Kaligan of P.S-Nandipada, Keonjhar from Charampa Railway Station who was coming from Bangaluru.

5- After receiving Sagar Patra, deceased Debabrata@ Debadutta Swain came to the house of their friend Abhijit Sahoo who is staying in village Gabasahi near Motel Chhaka in a rented house as all of them are mutual friends.

6- They all took breakfast together at Bonth Chhaka and thereafter Abhijit Sahoo left Sagar Patra and deceased Debabrata@ Debadutta Swain and went to attend his personal work.

7- At around 02 PM/02.30 PM on 14-03-2026 when Abhijit Sahoo returned to his house, found the deceased Debabrata@ Debadutta Swain, S/O- Debendra Swain of village Tillo, P.S-Bonth, Dist- Bhadrak in unconscious state and immediately shifted him to DHH, Bhadrak for treatment and management by means of an Ambulance.

8- From the Autopsy report and from local enquiry it is found that there is no suspicion of foul play at all towards cause of the death of the deceased.

9. After completion of autopsy on 15-03-2026 received a written report from Petitioner in which he alleged that he has some suspicion to the cause of death of his son and alleged that Abhijeet

Sahoo and Sagar Patra have committed murder of his son.

10- As U.D case has already been registered and enquiry was on therefore the petitioner was apprised that after receipt of the P.M report necessary further action will be taken.

11- Neighbors and local people of village Gabasahi near Motel Chhak were examined who stated that on the day of incident they neither have seen nor heard any abnormality in the rented spot house.

12- After completion of enquiry in Bhadrak Town P.S. U.D case no-08/26 as there is no suspicion and foul play to the cause of death of the decease, final form was submitted on 22-04-2026.”

The copy of the inquest report and post mortem report in Bhadrak Town P.S. U.D. Case No. 8 of 2026 are annexed to the instructions. Cause of death in the post mortem report has been mentioned to be heart failure resulting from dilated cardiomyopathy (dilated) and its complications.

5. It has been stated in the instructions that after completion of inquiry in Bhadrak Town P.S. U.D. Case No. 8 of 2026, finding no suspicion and foul play as regards the cause of death of the deceased, final form has been submitted on 22.04.2026.

6. Mr. Swain, learned counsel for the Petitioner submits that he was unaware about filing of final form in the U.D. case.

7. Considering this submission of the learned counsel and as final form has been submitted in the case, the CRLMP is disposed of granting liberty to the Petitioner to challenge the final form which has been submitted in Bhadrak Town P.S. U.D. Case No. 8 of 2026.

8. As Mr. Swain, learned counsel for the Petitioner has averred in the CRLMP and also submitted that in connection with the death of his son U.D. Case No.898 of 2026 has been registered but as per instructions of I.I.C., Bhadrak Town Police Station, Bhadrak Town P.S. U.D. Case No. 8 of 2026 had been registered in which final report has been submitted, if it is found on verification that in fact two different U.D. cases have been registered in connection with death of the son of the Petitioner, the I.C.C., Bhadrak Town Police Station shall file an affidavit in this Court, so that this order can be modified.

9. 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 19:47:03 Signature Not Verified