Jhansi Nayak vs State Of Odisha And Others

Savitri Ratho, J

There are a number of typographical errors in the CRLMP especially paragraph 3 which unless corrected does not place on record the exact allegation of the Petitioner.

The CRLMP has been filed with the following prayer:

“Under the facts, circumstances and contention it is humbly prayed that this Hon'ble Court may graciously be pleased to admit this application, issue notice under Rule NISI, calling upon the Opp. parties to show cause as to why

i) The written report submitted by the Petitioner under Annexure-1 shall not be registered, according to the procedure prescribed under the law.

ii) The investigation of the case shall not hand over to any impartial investigating agency for fair and impartial investigation and submit Final Form within stipulated period.

iii) The culprits involved in the alleged crime shall not be prosecuted and punished as per law.

And if the Opp. parties fail to show cause or show insufficient/false cause may graciously be pleased to make the said Rule absolute in granting the reliefs prayed for;

And further be pleased to pass any other order/order(s), issue any other Writs/directions, as this Hon'ble Court may deem fit and proper in the eye of law.”

As per the instructions dated 25.09.2025 from the IIC, Rajnagar P.S., it appears that one Anirudha Nayak, uncle of the Petitioner had reported that the Petitioner had fled away from his house without intimating her family members and they could not trace her. On his report, MMR has been registered and during course of enquiry, it was found that the victim was residing in Maharastra and the Enquiring Officer proceeded to Maharastra and rescued her but she stated that she had married one Sanjaya Kumar Nayak at Sri Sri Debeswar Temple Trust, Mahatabnagar, Gosala Chhak, Jajpur Road Jajpur vide Registration No. 65 dated 18.09.2024 and not to take any action against her husband. The victim was handed over to the informant as per her own will.

Subsequently a written complaint was received from the Petitioner, regarding harassment by her husband, but she did not appear in the Police Station for examination and it was ascertained that the victim was staying in Banglore with her husband Sanjay Kumar Nayak. On 12.12.2025, this Court had directed the Superintendent of Police, Kendrapara to examine the entire issue, constitute a special squad and pass appropriate direction to ensure the presence of the victim before this Court on the next date.

Mr. S.K. Rout, learned Additional Standing Counsel submits that in spite of letter issued on 17.12.2025, no instructions have been received from the Opposite Parties No.3 and 4.

Mr. Biswajit Pasayat, learned counsel for the Petitioner submits that after filing of the CRLMP in the month of September, 2025, he has not been able to contact the Petitioner. But in view of the instructions of the Opposite Party No.4 that the Petitioner is staying with her husband in Banglore, she does not want to press this CRLMP and files a memo stating that the Petitioner does not want to press the CRLMP and may be permitted to withdraw the same as not pressed.

The said memo is taken on record. It shall be scanned and incorporated in the digital record.

In view of the instructions dated 25.09.2025 and the submission of the learned counsel for the Petitioner, the CRLMP is disposed of as not pressed granting liberty to the Petitioner to approach this Court afresh in case any cause of action still subsists/ fresh cause of action arises.

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