Location: ORISSA HIGH COURT, CUTTACK Date: 26-Mar-2026 18:12:23 IN THE HIGH COURT OF ORISSA AT CUTTACK CRLMC No.5459 of 2025 (In the matter of an application under Section 528 of the Bharatiya Nyaya Sanhita)

Kartik Chandra Das & Ors. …. Petitioner (s)

-versus-

State of Odisha & Anr. …. Opposite Party (s)

Advocates appeared in the case through Hybrid Mode:

For Petitioner (s) : Mr. Millan Kumar Kunango, Sr. Adv.

along with associates Mr. Biswabhusan Das, Adv Miss Chandana Tripathy, Adv.

For Opposite Party (s) : Mr. Sonak Mishra, ASC Mr. Amitabh Pradhan, ASC Mr. Samresh Pattanaik, Adv.

(for O.P.2) CORAM:

DR. JUSTICE SANJEEB K PANIGRAHI DATE OF HEARING:-06.03.2026 DATE OF JUDGMENT:-13.03.2026 Dr. Sanjeeb K Panigrahi, J.

1. In filing this CRLMC, the Petitioners against whom the allegations of theft of bamboos from the backyard of the informant and giving threatening to her husband including the other members of her family, have prayed for quashing the impugned order dated 27.11.2025 passed by the learned Additional District & Sessions Judge, Kujang in Spl. G.R. Case No.563 of 2015 corresponding to Kujang P.S Case No.162 of 2015.

Location: ORISSA HIGH COURT, CUTTACK

Date: 26-Mar-2026 18:12:23 I. FACTUAL MATRIX OF THE CASE:

2. On 5th July, 2015 at about 7.00 A.M., it is alleged that the present Petitioners, along with certain other persons, forcibly entered into the backyard of the informant and removed bamboos and other articles kept therein. The prosecution case, as reflected in the First Information Report, further alleges that while the Petitioners were committing the said acts, when the informant resisted and objected to the removal of the materials. Upon such resistance, the accused persons abused the informant in filthy and obscene language and, in the course of such altercation, uttered caste- related remarks by referring to the name of her caste. It is further alleged that the accused persons assaulted the informant and threatened her with dire consequences.

3. On the basis of the aforesaid allegations, the informant lodged a written report before the local Police Station, pursuant to which Kujang P.S. Case No.162 of 2015 came to be registered. In the said First Information Report, the present Petitioners have been implicated for the alleged commission of offences punishable under Sections 448, 143, 294, 427, 323, 352, 379, 506 and 34 of the Indian Penal Code, read with Sections 3(1)(x) and 3(1)(xi) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act. Accordingly, the criminal law was thus set into motion against the Petitioners.

II. SUBMISSIONS ON BEHALF OF THE PETITIONERS:

4. Learned counsel for the Petitioners earnestly made the following submissions in support of his contentions, as borne out from his argument before this Court and the written note of submissions:

Location: ORISSA HIGH COURT, CUTTACK

Date: 26-Mar-2026 18:12:23 a. Learned counsel for the Petitioners submits that the criminal case in question has been instituted with an oblique motive and arises out of a dispute relating to encroachment over public property. It is contended that the husband of the informant has allegedly encroached upon public land, including a portion of land belonging to the village deity known as “Maa Kharakhai Temple” situated in Mouza Kujanga under District Jagatsinghpur. According to the Petitioners, such unauthorized encroachment by the husband of the informant has caused considerable inconvenience and resentment amongst the inhabitants of the locality, as the said land is traditionally used by the villagers and is associated with the religious sentiments of the local community.

b. It is further submitted that due to the growing discontent in the village over the said encroachment, there was widespread protest and agitation amongst the villagers. In that backdrop, on 2nd July, 2015, a complaint was brought to the notice of the Tahasildar, Kujang as well as the Inspector-in-Charge of Kujang Police Station regarding the alleged i