Bijayalaxmi Das vs State Of Odisha on 30 April, 2026

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    Orissa High Court

    Bijayalaxmi Das vs State Of Odisha on 30 April, 2026

    Author: Savitri Ratho

    Bench: Savitri Ratho

               IN THE HIGH COURT OF ORISSA AT CUTTACK
                               CRLMP No. 413 of 2026
        An application under Article 226 and 227 of the Constitution of India
    
    
           Bijayalaxmi Das                           .... Petitioner
    
                                         -versus-
    
           1.State of Odisha
    
           2.The S.P., Kendrapara                    .... Opp. Parties
    
           3. IIC, Marshaghai Police Station
    
       Advocates appeared in this case through Hybrid Mode :
    
          For Petitioner        : Mr. Prakash Chandra Dash, Advocate
    
    
        For Opp. Parties        : Mr. S.J. Mohanty, Additional Standing Counsel
    
    
        CORAM:
                   JUSTICE SAVITRI RATHO
    ................................................................................................
    

    Date of Hearing: 23.04.2026 Date of Judgment : 30.04.2026
    …………………………………………………………………………………….

    Savitri Ratho, J. This CRLMP has been filed to direct the

    SPONSORED

    Opposite Party No.3 to register the FIR and to cause investigation

    thereunder.

    ALLEGATION

    2. The allegation of the petitioner is that on 26.12.2025, she had

    lodged the complaint/F.I.R. before the police alleging therein that on

    CRLMP No.413 of 2026 Page 1 of 13
    26.12.2025 some unknown persons forcibly kidnapped her son namely

    Debiprasad Das aged about 42 years with an intention to kill him. Her

    son had previous dispute with some local people of Garajanga under the

    Marshaghai PS. and such antisocial people murdered her son. He never

    returned to her house since 26.12.2025. But, the police officer refused

    to register FIR and trace out her son. He assaulted the petitioner by fist

    blow and kick blow mercilessly and scolded her in filthy languages and

    threatened her with dire consequences. He only made an entry in the

    Diary. The Copy of the Diary Entry No-24508043250120 is annexed as

    Annexure-1.

    SUBMISSION

    3. Mr. P. C. Dash, learned counsel for the petitioner submits that the

    petitioner is an old lady aged about 65 years and she had submitted

    report before the police stating that unknown persons had kidnapped

    her son, as he had previous dispute with some local people, but the

    police did not register any FIR and till date her son has not been traced.

    The learned counsel for the petitioner submits that case should have

    been registered against unknown persons regarding kidnapping of the

    son of the petitioner on the basis of the information given by her to the

    IIC on 26.12.2025 and investigation conducted in to the matter, but they

    have only made Station Diary Entry.

    CRLMP No.413 of 2026 Page 2 of 13

    He relies on the decision in the case of Lalita Kumari vs. Govt. of

    UP reported in (2014) 2 SCC 1 in support of his submission.

    4. Mr. S. J. Mohanty, learned Additional Standing Counsel produces

    the instructions dated 22.04.2026 of the IIC, Marsaghai Police Station

    as well as the copy of the missing person Registration No. 120 of 2025

    of Marsaghai Police Station along with the copy of the information

    dated 26.12.2025 submitted by the petitioner to the IIC, Marsaghai

    Police Station on the basis of the which MMR 120 of 2025 has been

    registered.

    5. Mr. S. J. Mohanty, learned Additional Standing Counsel relying

    on the instructions dated 22.04.2026 of the IIC, Marsaghai Police

    Station submits that on 26.12.2025 the petitioner along with her

    younger son Babu Prasad Das had appeared in the Police Station and

    submitted a report stating that on 17.12.2025 her elder son Litu

    @Debiprasad Das had left the house by taking TVS Star City

    motorcycle of her younger son Babuprasad Das bearing regd. No.

    OR05AC7808 but did not return to home. As he had no cellphone, he

    could not be contacted. Although they searched for him but they could

    not trace him. Basing on such report, Marshaghai PS MMR(Man

    Missing Registration) No. 120 dated 26.12.2025 has been registered

    and SI P.K Kandulna was enquiring into the matter. The copy of

    CRLMP No.413 of 2026 Page 3 of 13
    missing person acknowledgement was granted to the petitioner and

    VHF message has been sent to all IIC/OIC of Police stations and out

    post of Odisha vide RM No. 2806 dt.26.12.2025 regarding missing of

    Litu @Debiprasad Das with TVS Star City motorcycle bearing regd.

    No. OR05AC7808 to keep sharp look out for him. Prayer has also been

    made to the SP, Kendrapara for Draft CIG publication of the MMR

    report on 01.02.2026 for tracing the missing person. During enquiry,

    spy was also engaged to find out any clue about the missing person, but

    with no fruitful result. Probable places were searched. Associates,

    friends and relatives of the missing person were contacted, but they

    could not give any clue about his present whereabouts. It is also stated

    that Litu @Debiprasad Das is a hardcore criminal and involved in series

    of cases like, murder dacoity, Robbery, extortion, Arms Act in different

    Police Stations and the details of the same have been indicated in the

    instruction and after being released on bail, it is possible that he may

    have absconded from the locality to avoid trial. On 26.12.2025, the

    petitioner had submitted a report stating that her son was missing and

    has not made any allegations to make out an offence under Section

    103/140/142/3(5) of the BNS. The copy of the said report is produced

    with the instruction and is taken on record.

    6. The allegations that the IIC refused to register an FIR, abused,

    CRLMP No.413 of 2026 Page 4 of 13
    assaulted and threatened the petitioner being gained over by the accused

    persons has also been denied. The details of the 33 cases pending

    against the son of the petitioner indicated in the instructions, are

    extracted below;

    “1. Marshaghai PS Case No. 67 Dt. 6.5.11 w/s 387/506/34
    IPC/25 Arms Act

    2. Marshaghai PS Case No. 68 D1, 06.05.11 u/s 384/506/34 IPC
    25 Arms Act

    3. Marshaghai PS Case No 69 Dt. 15.05.12 u/s 307/387/34
    1PC/25/27 Arms Act

    4. Marshaghai PS Case No. 115 D1. 9.7.12 u/s 120(b)/326/307
    IIPC/25/27 Arms Act

    5. Marshaghai PS Case No. 142 Dt. 18.05.13 u/s 18.05.13 u/s
    387
    /307/326/34 IPC/25/27 Arms Act

    6. Marshaghai PS Case No. 224 Dt. 15.08.13 u/s 302/326/34 IPC

    7. Marshaghai PS Case No. 258 Dt. 22.09.13 u/s
    341/294/302/120(b) IPC /25/27 Arms Act

    8. Marshaghai PS Case No. 103 Dt. 11.05.14 u/s
    341/323/294/120(B)/307 IPC 25/27

    9. Marshaghai PS Case No. 220 Dt. 13.10.14 u/s 399/402 IPC/25
    Arms Act

    10. Marshaghai PS Case No. 223 Dt. 18.10.14 u/s
    302/120(B)/201/212 213/216/34 IPC /25/27 Arms Act

    11. Marshaghai PS Case No. 260 Dt. 30.11.14 u/s

    CRLMP No.413 of 2026 Page 5 of 13
    307/506/120(B) IPC/25/27 Arms Act

    12. Patkura PS Case No. 01 Dt. 02.01.09 u/s 307/34 IPC/9(b) I.E.
    Act

    13. Patkura PS Case No. 27 Dt. 31.01.09 u/s 294/387/307/34 IPC
    9(b) 1.E. Act

    14. Patkura PS Case No.130 Dt. 08.05.09 u/s 399/402 IPC/9(b)

    1.E. Act/S Explosive Act

    15. Patkura PS Case No. 317 Dt. 12.11.08 u/s 399/402 IPC/25
    Arms Act

    16. Abhayachandrapu PS 128 Dt. 16.10.12 u/s 341/109/307/34
    IPC/25/27 Arms Act

    17. Chauliaganja PS Dist-Cuttack Case No. 223 Dt. 08.12.14 u/s
    399
    /402 IPC /25/27 Arms Act

    18. Chauliaganja PS Dist-Cuttack Case No 218/14, U/S 387 IPC

    19. Paradeep PS Dist.-Jagatsinghpur PS Case No.180 Dt.
    24.06.14 u/s 353/307/332/120(B) IPC 25(a)/27 Arms Act

    20. Paradeep PS Dist.-Jagatsinghpur PS Case No. 110 Dt.
    22.06.15 u/s 307/294/506/109/34 IPC /25(1) (b)/27 Arms Act

    21. Paradeep PS Dist.-Jagatsinghpur PS Case No. 98 Dt.
    30.05.16 u/s 307/34 IPC /25(1)(b)/27 Arms Act

    22. Sadar PS Kendrapara Case No. 26 Dt. 24.01.16 u/s
    302
    /120(b) IPC /25/27 Arms Act

    23. Tirtol PS Dist.-Jagatsinghpur Case No. 208/10 U/s 395/397
    IPC/25/27 Arms Act/9 (b) I.E. Act

    24. Patkura P.S Case No-37 Dt-23.02.19 U/S 294/307/34

    CRLMP No.413 of 2026 Page 6 of 13
    IPC/25/27 Arms Act/3(1)(r)(s) SC/ST(POA) Act

    25. Marshaghai P.S Case No-32 dt 23.02.19 U/s
    294/341/323/427/307/506/34 IPC/25/27 Arms Act

    26. Marshaghai P.S Case No-37 Dt. 25.02.19 u/s 307/353
    IPC/25/27 Arms Act

    27. Marshaghai P.S case No. 68 dt. 20.03.2020 u/s
    294/341/323/307/506 IPC/25 Arms Act

    28. Marshaghai P.S Case No-284 dt 18.11.19 U/s-294/506/507
    IPC

    29. Marshaghai P.S Case No-315 dt 19.12.19 U/s-294/385/507/34
    IPC/25/27 Arms Act

    30. Patkura PS Case no. 125 Dt. 20.06.2020 U/s-
    294/341/506/392/307 IPC/ 25/27 Arms Act/3(1)(1)(s) 2(va) SC &
    ST POA Act

    31. Marshaghai P.S case No 381 dtd 25.09.2022 U/s-399/402
    IPC/25 Arms Act

    32. Marshaghai P.S case No 99 dtd 25.04.2024 U/s-
    294/341/323/3548/506/387/307 IPC

    33. Marshaghai P.S case No. 151 dtd 18.08.2024 U/s-
    126(2)/117(2)/296/351(3)/109, BNS.”

    STATUTORY PROVISION

    7. Sections 173(4) and 175(3) of the BNSS are extracted below for

    easy reference:-

    CRLMP No.413 of 2026 Page 7 of 13

    “Section 173(4)-

    Any person aggrieved by a refusal on the part of an
    officer in charge of a police station to record the information
    referred to in sub-section (1), may send the substance of such
    information, in writing and by post, to the Superintendent of
    Police concerned who, if satisfied that such information
    discloses the commission of a cognizable offence, shall either
    investigate the case himself or direct an investigation to be made
    by any police officer subordinate to him, in the manner provided
    by this Sanhita, and such officer shall have all the powers of an
    officer in charge of the police station in relation to that offence
    failing which such aggrieved person may make an application to
    the Magistrate.”

    (emphasis supplied)

    “Section – 175 (3) –

    Any Magistrate empowered under section 210 may, after
    considering the application supported by an affidavit made under
    sub-section (4) of section 173, and after making such inquiry as
    he thinks necessary and submission made in this regard by the
    police officer, order such an investigation as above-mentioned.”

    (emphasis supplied)

    JUDICIAL PRONOUNCEMENTS

    8. In the case of Lalita Kumari vs. Govt. of UP reported in (2014) 2

    SCC 1, this Court has held as follows;

    “111) In view of the aforesaid discussion, we hold:

    CRLMP No.413 of 2026 Page 8 of 13

    i) Registration of FIR is mandatory under Section 154 of the
    Code, if the information discloses commission of a cognizable offence
    and no preliminary inquiry is permissible in such a situation.

    ii) If the information received does not disclose a cognizable
    offence but indicates the necessity for an inquiry, a preliminary inquiry
    may be conducted only to ascertain whether cognizable offence is
    disclosed or not.

    iii) If the inquiry discloses the commission of a cognizable
    offence, the FIR must be registered. In cases where preliminary inquiry
    ends in closing the complaint, a copy of the entry of such closure must
    be supplied to the first informant forthwith and not later than one week.

    It must disclose reasons in brief for closing the complaint and not
    proceeding further.

    iv) The police officer cannot avoid his duty of registering offence
    if cognizable offence is disclosed. Action must be taken against erring
    officers who do not register the FIR if information received by him
    discloses a cognizable offence.

    v) The scope of preliminary inquiry is not to verify the veracity
    or otherwise of the information received but only to ascertain whether
    the information reveals any cognizable offence.

    vi) As to what type and in which cases preliminary inquiry is to
    be conducted will depend on the facts and circumstances of each case.

    The category of cases in which preliminary inquiry may be made
    are as under:

    a) Matrimonial disputes/ family disputes

    b) Commercial offences

    CRLMP No.413 of 2026 Page 9 of 13

    c) Medical negligence cases

    d) Corruption cases

    e) Cases where there is abnormal delay/laches in initiating criminal
    prosecution, for example, over 3 months delay in reporting the matter
    without satisfactorily explaining the reasons for delay.

    The aforesaid are only illustrations and not exhaustive of all
    conditions which may warrant preliminary inquiry.

    vii) While ensuring and protecting the rights of the accused and
    the complainant, a preliminary inquiry should be made time bound and
    in any case it should not exceed 7 days. The fact of such delay and the
    causes of it must be reflected in the General Diary entry.

    viii) Since the General Diary/Station Diary/Daily Diary is the
    record of all information received in a police station, we direct that all
    information relating to cognizable offences, whether resulting in
    registration of FIR or leading to an inquiry, must be mandatorily and
    meticulously reflected in the said Diary and the decision to conduct a
    preliminary inquiry must also be reflected, as mentioned above.”

    In the case of Sudhir Bhaskarrao Tambe vs. Hemant Yashwant

    Dhage and Others; 2016 (6) SCC 277, the Supreme Court has held as

    follows:

    “3. We are of the opinion that if the High Courts entertain
    such writ petitions, then they will be flooded with such writ petitions
    and will not be able to do any other work except dealing with such
    writ petitions. Hence, we have held that the complainant must avail of
    his alternate remedy to approach the Magistrate concerned under
    Section 156(3) CrPC and if he does so, the Magistrate will d ensure,

    CRLMP No.413 of 2026 Page 10 of 13
    if prima facie he is satisfied, registration of the first information
    report and also ensure a proper investigation in the matter, and he
    can also monitor the investigation.

    4. In view of the settled position in Sakiri Vasu case, the impugned
    judgment¹ of the High Court cannot be sustained and is hereby set
    aside. The Magistrate concerned is directed to ensure proper
    investigation into the alleged offence under Section 156(3) CrPC and
    if he deems it necessary, he can also recommend to the SSP/SP
    concerned a change of the investigating officer, so that a proper
    investigation is done. The Magistrate can also monitor the
    investigation, though he cannot himself investigate (as investigation
    is the job of the police). Parties may produce any material they wish
    before the Magistrate concerned. The learned Magistrate shall be
    uninfluenced by any observation in the impugned order of the High
    Court.”

    ANALYSIS AND CONCLUSION

    9. In view of the decisions of the Supreme Court in the case of

    Sakiri Basu (supra) and Lalita Kumari (supra) it is not in dispute that

    where a cognizable offence is made out, the police is duty bound to

    register a case. In view of the decision in the case of Sudhir

    Bhaskarrao Tambe (supra), it is not in dispute that the petitioner has

    alternative remedy of approaching the jurisdictional Magistrate in case

    of inaction by the police and in all cases where there is allegation of

    inaction by the police in registering a case or improper investigation,

    the High Court is not required to interfere.

    CRLMP No.413 of 2026 Page 11 of 13

    10. Perusal of the CRLMP reveals that the copy of the complaint

    claimed to have been given at the Marsaghai Police Station on

    26.12.2025 has not been filed. The MMR No. 120 dated 26.12.2025 has

    been annexed as Annexure-1. However, the petition dated 25.03.2026

    which has been sent to the SP, Kendrapara on 25.03.2026 by speed post

    has been annexed as Annexure-2 to the CRLMP. The complaint has

    however been produced by the learned State Counsel.

    11. As the information/complaint of the petitioner did not disclose any

    cognizable offence, there was no necessity for the police to register any

    case in the Police Station on 26.12.2025. As the petitioner had reported

    that her son was missing, a MMR was rightly registered and steps taken

    for tracing the whereabouts of the son of the petitioner.

    12. It is found that MMR is pending since almost four months, but son

    of the petitioner has not been traced. It has been subsequently alleged by

    the petitioner that some antisocial persons have murdered her son.

    13. As this allegation discloses a cognizable offence, although it is

    against unknown persons, if the petitioner submits a properly constituted

    complaint before the IIC, Marshaghai Police Station within a period of

    two weeks from today, the same shall be considered and acted upon in

    accordance with law. If the petitioner has any further grievance, it is open

    CRLMP No.413 of 2026 Page 12 of 13
    to her to follow the procedure under Section 173(4) and Section 175(3)

    of the BNSS.

    14. It is also observed that if enquiry/investigation reveal that the son of

    the petitioner Litu @ Debi Prasad Das is alive and had left the village to

    avoid arrest by the police and this was/is in the knowledge of the

    petitioner, steps in accordance with law shall be taken against the

    petitioner and her son.

    15. The CRLMP is disposed of with the aforesaid observations and

    directions.

    ………………………

    (Savitri Ratho)
    Judge

    Orissa High Court, Cuttack
    Dated 30th April, 2026/Subhalaxmi

    Signature Not Verified
    Digitally Signed
    Signed by: SUBHALAXMI PRIYADARSHANI
    SAHOO CRLMP No.413 of 2026 Page 13 of 13
    Reason: Authentication
    Location: Orissa High Court, Cuttack
    Date: 06-May-2026 20:08:40

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