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2026 DAILYLAW 504 (ORI)

NIRMALA BEJ @ NIRMALA BEZ v. STATE OF ODISHA

CRLMP/299/2026 · 2026-03-12

Miss Savitri Ratho

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

IN THE HIGH COURT OF ORISSA AT CUTTACK CRLMP No. 299 of 2026 Nirmala Bej @ Nirmala Bez …. Petitioner Mr. Raghunath Singh, Advocate -versus- 1. State of Odisha 2. Director General of Police, Cuttack 3. Superintendent of Police, Balasore 4. IIC, Sahadevkhunta Police Station, Balasore …. Opposite Parties Mr. Sarathi Jyoti Mohanty, Additional Standing Counsel CORAM: THE HON’BLE MISS JUSTICE SAVITRI RATHO Order No. ORDER 12.03.2026 01. (Through hybrid mode) 1. This CRLMP has been filed for a direction to the Inspector- in-Charge, Sahadevkhunta Police Station to register a case on the FIR dated 19.12.2025 submitted by the Petitioner. It is stated that she has submitted a representation to the Superintendent of Police, Balasore on 22.01.2026 by Speed Post, as no case was registered. 2. She has alleged that on 19.12.2025, the R.I., Sadar and Tahasildar Sadar, Balasore being accompanied by the police personnel trespassed into her home and homestead property, which is recorded in the name of her husband and cut the boundary fence and demolished the western side pucca boundary wall forcibly with machine and assaulted the complainant and abused her in filthy language. 3. Although it is not stated in the certificate of the CRLMP, but it is stated by learned counsel for the Petitioner that the husband of the Petitioner had earlier approached this Court in CRLMP No.248 of 2026 which has been disposed of on 05.03.2026. The operative portion of the order is extracted below: “xx xx xx 6. The CRLMP is accordingly disposed of requesting the learned Sessions Judge, Balasore to dispose of Criminal Revision No.28 of 2025 expeditiously if there is no legal impediment.” 4. Perusal of the order dated 05.03.2026 passed in CRLMP No.248 of 2026, reveals that on 18.12.2025 the Sub-Collector-Cum- Sub-Divisional Magistrate, Balasore has passed order in Criminal Misc. Case No.258 of 2025 directing the husband of the Petitioner to remove obstruction from the disputed passage and not to cause any hindrance to the applicant therein and his family and direction had also been issued to the Tahasildar, Balasore to ensure compliance of the order and the IIC, Sahadevkhunta Police Station to provide police assistance to the Tahasildar, Balasore for effective implementation of the order. Thereafter the husband of the Petitioner had filed Criminal Revision No.28 of 2025 where interim order was passed on 02.01.2026 and the order dated 18.12.2025 passed by the learned Sub-Collector-Cum-Sub-Divisional Magistrate, Balasore has been directed not to be given effect to. 5. It appears that the alleged demolition of the boundary wall of the Petitioner on 19.12.2025 was in compliance with the order dated 18.12.2025 passed by the learned Sub-Collector-Cum-Sub Divisional Magistrate, Balasore and before passing of interim order on 02.01.2026 in Criminal Revision No.28 of 2025. 6. Hence, I am not inclined to issue any direction to the Police to register a case on the basis of the FIR/complaint dated 19.12.2025 or representation dated 22.01.2026 submitted to the Superintendent of Police, Balasore. 7. The CRLMP is accordingly dismissed. (Savitri Ratho) Judge RKS