M. Sania @ M. Sanyasi Pradhan And Others vs State Of Odisha And Others

Savitri Ratho, J

This CRLMP has been filed with a prayer to direct the Opposite Parties for sending the investigation of two murder cases in Rambha P.S. Case No. 619 of 2025 registered for commission of offence under Section 103(1), 3(5) of Bharatiya Nyaya Sanhita (in Short "BNS") and Rambha P.S. Case No. 651 of 2025 registered for commission of offences under Sections 103(1), 351(3), 3(5) of BNS and Rambha P.S. Case No. 677 of 2025 under Sections 351(2), 3(5) of BNS read with Section 25(1)(a) of the Arms Act either to Crime Branch or to Special Investigation Team (SIT) for fair and proper investigation of the cases.

BACKGROUND FACTS

The Petitioners are the brother and sister of P. Abhi @ Abhimanyu Pradhan. Petitioner No.1 is the informant in Rambha P.S. Case No. 651 of 2025. Both the Petitioners have been arrayed as accused in Rambha P.S. Case No. 677 of 2025.

Rambha P.S. Case No.619 of 2025, had been registered on 03.08.2025 on the information of B. Tuni Pradhan, wife of deceased B. Manyu Pradhan against unknown persons for commission of offences punishable under sections 103 (1) & 3 (5) of BNS. It was stated in the FIR that the informant came to know that 2-3 persons had committed murder of P. Abhi @ Abhimanyu Pradhan who was a witness in that case. But before his statement could be recorded by the I.O., he was murdered. After completion on investigation, chargesheet No. 876 dated 28.10.2025 has been submitted against (1) P. Jaya Pradhan, (2) B. Keshab Pradhan, (3) Balia @ Balaram Parida for commission of offences punishable under Sections 103(1)/61(2)(a)/351(3)/3(5) of BNS read with Sections 25(1)(a)/27 of Arms Act.

On 13.08.2025, Rambha P.S. Case No. 651 of 2025 was registered on the information of the Petitioner No.1-M. Sania @ M. Sanyasi Pradhan against 1) M Raibaria Pradhan, 2) B Purusottam Pradhan 3) M Prabhat Pradhan, 4) B Bulu Pradhan, 5) B Siba Pradhan,

6) R Markanda Pradhan 7) M Hari Pradhan, 8) R Abhi Pradhan, 9) R. Rabi Pradhan, 10) B Keshab Pradhan, 11) M Ramesh Pradhan 12) M Kabiraj Pradhan 13) M Brundaban Pradhan, 14) M Bharat Pradhan 15) R Krushna Pradhan 16) B Srinu Pradhan 17) B Rama Pradhan, 18) B Purna Pradhan 19) N Sapan Pradhan 20) M Bipin Pradhan 21) S Sudam Pradhan 22) S Murari Pradhan 23) B Mithun Pradhan 24) D Bulu Pradhan 25) B Laxmi Pradhan 26) B Debendra Pradhan, 27) B Laxman Pradhan, 28) B Kalia Pradhan, 29) B Amar Pradhan, 30) M Krushna Pradhan 31) R Kama Pradhan, 32) B Bulu Pradhan, 33) Bijaya Pradhan 34) wife of Purusottam Pradhan 35) B Sanyasi Pradhan, along with other 5-6 persons for commission of offences under Section 103 (1)/ 351(3) & 3 (5) of BNS. He had stated in the FIR that his brother P. Abhi Pradhan had earlier been threatened for filing a case in Cuttack after the accused persons held a meeting the previous evening. On 13.08.2025, about 33 persons (named) along with 5-6 others, assaulted him and he died in the Hospital. After completion of investigation, Chargsheet No. 931 dated 09.11.2025 has been submitted against (1) B. Abhimanyu Pradhan@ Debendra, (2) B. Abhimanyu Pradhan @ Kalia, (3) B. Amar Pradhan for commission of offences under Sections 103 (1)/61(2)/ 351(3) & 3 (5) of BNS read with Sections 25(1)(a)/27 of Arms Act.

Rambha P.S case no 677 of 2025 has been registered on 21.08.2025 against (1) B. Madan Pradhan, (2) R. Sombaria Pradhan, (3) B. Suni Pradhan and (4) R. Sushama Pradhan @ Jadi, (5) B. Prakash Pradhan and (6) M. Sania Pradhan, for commission of offences punishable under Sections 351(2)/3(5) of the BNS and Section 25(1)(a) of the Arms Act, on the information of M. Subash Pradhan. Investigation in the case is stated to be in progress against the said accused persons.

Petitioner No.2 - Smt. B. Suji @ Sumi Pradhan has submitted a report on 22.08.2025 before the D.G. Police for proper enquiry complaining of improper investigation by the Rambha Police. On 25.08.2025, Petitioner No.1 - M. Sania @ M. Sanyasi Pradhan has submitted a representation before the D.G. Police stating that he is the informant in Rambha P.S. Case No. 651 of 2025. He has been made accused on false allegations in Rambha P.S. Case No. 677 of 2025 at the instance of the Police and praying for a further investigation.

SUBMISSIONS OF THE PETITIONER

Mr. Sanjib Kumar Bhanjadeo, learned counsel for the Petitioner submitted that in Rambha P.S. Case No. 619 of 2025, P, Abhi Pradhan, brother of the Petitioners was a witness, but the Investigating Officer did not record his statement though he was a witness. Ten days after registration of Rambha P.S. Case No. 619 of 2025, on 13.08.2025,

P. Abhi Pradhan was murdered for which Rambha P.S. Case No. 651 of 2025 was registered against 33 persons on the information of Petitioner No.1. But without conducting proper investigation in Rambha P.S. Case No. 651 of 2025, charge sheet has been submitted against three persons only. Thereafter to harass and intimidate the Petitioners and other family members who are witnesses in Rambha P.S. Case No. 619 of 2025 and Rambha P.S. Case No. 651 of 2025, they have been arrayed as accused persons in Rambha P.S. Case No. 677 of 2025. As the actual guilty persons have been let off in Rambha P.S. case No 619 of 2025, and the Petitioners made accused in Rambha P.S. Case No. 677 of 2025, it is apparent that investigation is not fair and therefore prayer has been made for handing over investigation to an independent agency.

SUBMISSIONS OF THE STATE

Mr. Ashok Kumar Apat, learned Additional Government Advocate submitted that after completion of investigation, charge sheet has been submitted in Rambha P.S. Case No. 619 of 2015 and Rambha P.S. Case No 651 of 2025 and investigation in Rambha P.S. Case No. 677 of 2025 is pending. He submitted that there is no necessity for handing over investigation to the Crime Branch or SIT as investigation has been conducted properly. He produced the instructions of the I.I.C., Rambha, where it is stated as follows

(i) Rambha P.S. Case No. 619 of 2025

After completion of investigation, charge Sheet No.876 dated 28.10.2025 under Sections 103(1), 61(2)(a), 351(3), 3(5) of BNS read with Section 25(1)(a), 27 of the Arms Act against the accused namely (i) P. Jaya Pradhan, (ii) B. Keshab Pradhan and (iii) Balia @ Balaram Parida.

(ii) Rambha P.S. Case No. 651 of 2025

After completion of investigation, charge Sheet No. 931 dated 09.11.2025 under Sections 103(1), 61(2), 351(3), 3(5) of BNS read with Section 25(1)(a), 27 of the Arms Act against the accused namely (i) B. Abhimanyu Pradhan @ Debendra, (ii) B. Abhimanyu Pradhan @ Kalia and (iii) B. Amar Pradhan.

(iii) Rambha P.S. Case No. 677 of 2025

It is a true case under Sections 296, 351(2), 3(5) of BNS read with Section 25(1)(a) of the Arms Act against the accused namely

(i) B. Madan Pradhan and (ii) R. Sombaria Pradhan and under Sections 296, 351(2), 3(5) of BNS against the accused (iii) B. Suji Pradhan and

(iv) R. Susama Pradhan @ Jadi and the investigation in the case is still pending for further investigation.

STATUTORY PROVISION

Section 193(9) of the BNSS provides for further investigation. The Provision is extracted below :-

"Section 193 xxx

(9) Nothing in this section shall be deemed to preclude further investigation in respect of an offence after a report under sub-section (3) has been forwarded to the Magistrate and, where upon such investigation, the officer in charge of the police station obtains further evidence, oral or documentary, he shall forward to the Magistrate a further report or reports regarding such evidence in the form as the State Government may, by rules, provide; and the provisions of sub-sections (3) to

(8) shall, as far as may be, apply in relation to such report or reports as they apply in relation to a report forwarded under sub-section (3):

Provided that further investigation during the trial may be permitted with the permission of the Court trying the case and the same shall be completed within a period of ninety days which may extend with the permission of the Court."

JUDICIAL PRONOUNCEMENTS

In Babu Bhai vs. State of Gujarat : 2010 (12) SCC 254, the Supreme Court while upholding the order of the High Court directing for investigation of two cases by the State CID, quashed the charge sheets in the two cases. The relevant paragraphs of the judgment are extracted below :

"25. The investigation into a criminal offence must be free from objectionable features or infirmities which may legitimately lead to a grievance on the part of the accused that investigation was unfair and carried out with an ulterior motive. It is also the duty of the Investigating Officer to conduct the investigation avoiding any kind of mischief and harassment to any of the accused. The Investigating Officer should be fair and conscious so as to rule out any possibility of fabrication of evidence and his impartial conduct must dispel any suspicion as to its genuineness. The Investigating Officer "is not to bolster up a prosecution case with such evidence as may enable the court to record conviction but to bring out the real unvarnished truth". (Vide R.P. Kapur Vs. State of Punjab AIR 1960 SC 866; Jamuna Chaudhary & Ors. Vs. State of Bihar AIR 1974 SC 1822; and Mahmood Vs. State of U.P. AIR 1976 SC 69).

ANALYSIS AND CONCLUSION

I have deliberately not examined the statements of witnesses recorded during investigation of the three cases, so that the officer of the Crime Branch who is assigned with the investigation is not influenced by any observations of this Court.

The two cases in which charge sheet has been submitted includes the offence of murder. P. Abhi Pradhan, brother of the petitioners who was an alleged witness in Rambha P.S. Case No. 619 of 2025 has been murdered on 13.08.2025 during investigation of Rambha P.S. Case No. 619 of 2025 before his statement was recorded, for which Rambha P.S. Case No. 651 of 2025 was registered. Petitioners who are witness (es) / and informant in Rambha P.S. Case No. 651 of 2025 have been arrayed as accused in Rambha Case No. 677 of 2025.

I am satisfied that in the interest of justice, investigation in all the three cases should be conducted by the State Crime Branch.

It has been stated by the learned Additional Government Advocate, that chargesheets have been filed in Rambha P.S. Case No. 619 of 2025 and Rambha P.S. Case No. 651 of 2025, while investigation in Rambha P.S. Case No. 677 of 2025 is pending.

It is therefore directed that the State Crime Branch shall conduct fresh investigation into Rambha P.S. Case No. 619 of 2025, Rambha P.S. Case No. 651 of 2025 and complete the investigation in Rambha P.S. Case No. 677 of 2025.

For the said purpose, the Addl. DG Crime Branch shall assign the investigation to a competent officer.

The case diaries and other relevant documents in all the three cases i.e. Rambha P.S. Case No. 619 of 2025, Rambha P.S. Case No. 651 of 2025 and Rambha P.S. Case No. 677 of 2025 shall be handed over to the SP, CID, Crime Branch by the I.I.C., Rambha Police Station, if not handed over already pursuant to observations of this Court on 09.02.2026.

The CRLMP is accordingly disposed of with the aforesaid directions.