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New Indian Express
3 days ago
- New Indian Express
Orissa High Court refuses to quash criminal proceedings against widow of ACF Soumya Ranjan
CUTTACK: The Orissa High Court has refused to quash the criminal proceedings against Bidyabharati Panda, widow of assistant conservator of forests (ACF) Soumya Ranjan Mohapatra, in connection with his mysterious death in July 2021. A single judge bench of Justice Sibo Sankar Mishra disposed of Panda's petition challenging the April 19, 2023 order of the SDJM, Paralakhemundi, which had taken cognisance of a murder complaint naming her and two others as accused. Soumya Ranjan Mohapatra had suffered 90 per cent burn injuries on the night of July 11, 2021, in his official quarters at Paralakhemundi. He succumbed to his injuries two days later, on July 13, at a private hospital in Cuttack. His father Abhiram Mohapatra, subsequently lodged a complaint accusing Bidyabharati, the family cook Manmath Kumbha, and the then DFO Sangram Kesari Behera of murder. Although a Crime Branch investigation gave a clean chit to the accused, the SDJM court took cognisance of the murder complaint in April 2023 and summoned all three. Challenging the summons, Bidyabharati approached the high court under Section 482 of the CrPC seeking quashing of the proceedings. However, Justice Mishra observed that the case was at a preliminary stage and involved contested facts, which made it appropriate for trial rather than early judicial intervention. 'The inherent power under Section 482 CrPC should be exercised sparingly and only in exceptional circumstances. The competing versions presented by both parties and the existence of disputed questions of fact make this an inappropriate case for quashing at this stage,' the judgment read. Justice Mishra clarified that refusal to quash the case did not prevent the petitioner from seeking discharge during the trial. 'It is well settled that at the stage of issuing process, the magistrate is mainly concerned with the allegations made in the complaint or the evidence led in support of the same,' he said.
Time of India
3 days ago
- Time of India
HC quashes plea of wife against criminal trial in forest officer death case
Cuttack: Orissa high court has refused to quash criminal proceedings against Bidyabharati Panda in the 2021 death case of her husband and then assistant conservator of forests (ACF) Soumya Ranjan Mohapatra. Tired of too many ads? go ad free now Justice Sibo Sankar Mishra, in his judgment on July 3, disposed of Panda's plea challenging the April 19, 2023, order of the SDJM court in Gajapati district's Paralakhemundi, which had taken cognisance of a murder complaint filed by Mohapatra's father and summoned Panda along with two others — family cook Manmath Kumbha and then divisional forest officer (DFO) Sangram Kesari Behera. Mohapatra had sustained 90% burn injuries under mysterious circumstances at his govt quarters in Paralakhemundi on the night of July 11, 2021, and died two days later while undergoing treatment in Cuttack. His father, Abhiram Mohapatra, had alleged foul play and accused the three of murder. Though the crime branch gave a clean chit to all accused, the SDJM court had reopened the case based on a protest petition and additional evidence submitted by the complainant. Panda moved the HC under Section 482 of CrPC seeking quashing of the proceedings. However, the HC said the case involved "competing versions" and "disputed questions of fact" that should be tested during trial. "This court is conscious of the fact that the proceedings are at a nascent stage," Justice Mishra said, adding, "Detailed appreciation of evidence and consideration of the petitioner's defence can only take place during trial. Hence, this court is reluctant to intervene at this stage." The HC clarified that the petitioner is free to approach the trial court with a discharge petition. "If such an application is filed, the trial court shall consider all grounds raised in this petition without being influenced by this court's observations," the order said. Tired of too many ads? go ad free now Justice Mishra also held that the trial court's order could not be faulted simply because it lacked detailed reasoning. "At the stage of issuing process, the magistrate is mainly concerned with allegations made in the complaint and supporting evidence," he observed. The case will now proceed to trial, where the accused will have the opportunity to present their defence.
Time of India
05-07-2025
- Time of India
Bangladeshi national held near India-Nepal border
Motihari: A Bangladeshi national, Syed Iqbal Ahmed (43), who was trying to illegally enter into India through Raxaul integrated checkpost (ICP) on India-Nepal border, was arrested on Friday near Maitri bridge by Sashastra Seema Bal (SSB). On Saturday, Ahmed was produced before the SDJM, Raxaul, and remanded to jail custody under Immigration and Foreigners Act, 2025. Acting commandant of 47 battalion of SSB, Sanjay Rawat, said the SSB jawan posted at Maitri bridge found that the Bangladeshi national did not have a valid visa for India. He had a Bangladesh passport and visa for Nepal only. He had come to Kathmandu from Dhaka by air last week. During search, 50 US dollars, Bangladeshi and Nepal currencies were recovered from his possession. During investigation, it was revealed that he had plans to enter different cities of the country after entering through Nepal. "This activity is being considered extremely serious and suspicious from the point of view of national security," Rawat said. The Immigration sources said from April 26 to July 4, four Chinese, one each US, Canadian, South Korean, Iraq and Bangladeshi nationals had attempted to enter into India without valid documents through Raxaul. However, they were arrested and jailed. After 'Operation Sindoor' there is a high alert in the border area and a temporary checkpost has recently been set up by the SSB at the Maitri bridge before the ICP. According to intelligence department sources, information has been received about the arrival of seven Pakistani and Bangladeshi associated with the Pakistan's intelligence agency, ISI, in Nepal and all these suspects have been active near the India-Nepal border since the first week of June 2025.
Time of India
28-05-2025
- Politics
- Time of India
SC grants interim bail to IAS officer in suicide abetment case
Cuttack: The Supreme Court on Tuesday granted interim bail to senior IAS officer Manish Agarwal in connection with the abetment of suicide case of his personal assistant (PA) when he was Malkangiri district collector five years ago. Agarwal, who is now additional secretary, planning and convergence department, had moved the SC after the Orissa high court rejected his anticipatory bail petition on April 25. After a preliminary hearing on Tuesday, the division bench of Justices Surya Kant and Dipankar Datta issued a notice returnable on July 22. "Meanwhile, the petitioner may surrender before the trial court and furnish bail bonds to its satisfaction upon which he shall be released on interim bail," the bench said. Agarwal had sought interim protection after the sub-divisional judicial magistrate (SDJM) court, Malkangiri, rejected his plea seeking exemption from appearance during the trial. He expressed apprehension that if he appears before the SDJM court, he will be remanded in custody on the ground that an offence under Section 306 of the IPC (abetment of suicide) can be tried by the sessions court. Earlier, a single judge of HC had rejected Agarwal's plea observing that he did not find any merit in the submissions to grant the exceptional remedy of anticipatory bail. by Taboola by Taboola Sponsored Links Sponsored Links Promoted Links Promoted Links You May Like If you have a mouse, this game will keep you up all night. No Install. Play for free. Combat Siege Play Now Undo The judge had cited the SC's observation, "Just as liberty is precious for an individual, so is the interest of the society in maintaining law and order. Both are extremely important for the survival of a civilised society." According to case records, Deba Narayan Panda, who was PA to then collector Agarwal, had gone missing on Dec 27, 2019. A day later, his body was fished out from the Satiguda dam. While police initially registered a case of unnatural death and suicide, Panda's wife accused the collector of murder. Initially, Agarwal was booked under sections 302 (murder), 506 (intimidation), 201 (causing disappearance of evidence) and 204 (destruction of document or electronic record) of the IPC and the SDJM court took cognisance of the charges. But on June 26, 2023, the HC ruled that there is no prima facie case against Agarwal for the offences. Accordingly, the HC directed the trial court to proceed against Agarwal for abetment of suicide and "to try and dispose of the case as expeditiously as possible preferably, within eight months". Though Agarwal challenged the HC order in the SC, it declined to interfere with the ruling in Nov 2024.
New Indian Express
27-04-2025
- Politics
- New Indian Express
Orissa HC rejects IAS officer Manish Agarwal's anticipatory bail plea in suicide abetment case
CUTTACK: Senior IAS officer Manish Agarwal's anticipatory bail petition in connection with the case proceedings against him for allegedly abetting the suicide by his personal assistant (PA) while he was collector of Malkangiri five years ago has been rejected by the Orissa High Court. Agarwal, presently additional secretary Planning and Convergence department, sought pre-arrest bail after the court of SDJM, Malkangiri, rejected his petition seeking through his counsel exemption from appearance during trial. The SDJM had stressed that under the Criminal Procedure Code, 1973, an accused's first appearance in a criminal case must be physical. The accused should first present himself before the SDJM court and then may seek exemption from personal attendance before the trial court, which is the sessions court. Agarwal sought protection expressing apprehension that if he appears before the SDJM Court, he will be remanded to custody on the ground that offence under section 306 of the IPC (abetting suicide) is triable by the court of sessions. However, the single judge bench of Justice V Narasingh declined to grant exceptional remedy of anticipatory bail as he did not find any merit in the submissions made on his behalf. While citing an observation of the Supreme Court, Justice Narasingh said, 'Just as liberty is precious for an individual so is the interest of the society in maintaining law and order. Both are extremely important for the survival of a civilised society.'
