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2025 DAILYLAW 1185 (ORI)

BISWAMAITRI NAYAK v. DIPTIMAYEE BEHURA

CRLMP/1722/2025 · 2026-01-30

Miss Savitri Ratho

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

p. 1 IN THE HIGH COURT OF ORISSA AT CUTTACK CRLMP No. 1722 of 2025 Smt. Biswamaitri Nayak …. Petitioner Ms. Kiran Rout, Advocate -versus- Diptimayee Behura & Others …. Opp. Parties Mr. Saroj Kumar Rout, Additional Standing Counsel CORAM: HON’BLE MISS JUSTICE SAVITRI RATHO ORDER Order No. 30.01.2026 (Through hybrid Mode) 03. 1. This CRLMP has been filed with the following prayer:- “The respectful submission of the petitioner is that this Hon'ble Court may graciously be pleased to consider the facts, circumstances, life threat of the petitioner and her son by the opp. parties, above all the inaction of responsible authorities like police which caused encouragement to the Opp. parties/criminals and this Hon'ble may pleased to pass an order directing the concerned authorities to take proper action as per the FIR and payment of penalties for the ends of justice; And for which act of kindness, the petitioner shall as in duty bound, ever pray.” p. 2 2. Perusal of the CRLMP and the Annextures reveals that Tihidi P.S. Case No. 261 of 2025 has been registered on 30.07.2025 under Sections 126(2), 115(2), 74, 303(2), 324(4), 351(2), 3(5) of BNS against sixteen persons and driver of JCB and 60 others (not named). 3. The grievance of the Petitioner is that after the FIR was registered, the Petitioner was not sent for medical examination and no steps have been taken to arrest the accused persons. Learned counsel for the Petitioner submits that as the main accused is a Zilla Parisad member and others are his supporters, no action is being taken by the Police, for which they are heckling the Petitioner that no action will be taken against them. 4. Since FIR has already been registered by the Police, it is the duty of the Police to carry out investigation in the case. Normally this Court does not interfere with the investigation and direct or monitor the manner in which investigation should proceed. 5. In view of the decision of the Supreme Court in the case of Sudhir Bhaskarrao Tambe Vs. Hemant Yashwant Dhage : (2016) 6 SCC 277, the CRLMP is disposed of granting liberty to the Petitioner to avail the alternate remedy which is available to her under law, if so advised. 6. Urgent certified copy of this order be granted on proper application. (Savitri Ratho) Judge Sukanta Designation: Senior Stenographer