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2026 DAILYLAW 9699 (ORI)

SNIGDHA SWAIN v. DEPUTY COMMISSIONER OF POLICE, CUTTACK

CRLMP/375/2026 · 2026-03-30

Miss Savitri Ratho

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

p. 1 IN THE HIGH COURT OF ORISSA AT CUTTACK CRLMP No. 375 of 2026 1. Snigdha Swain 2. Sanjeeb Pattanayak …. Petitioners Mr. Sandipani Nayak, Advocate -versus- 1. Deputy Commissioner of Police, Cuttack 2. IIC, Lalbag Police Station 3. Dr. Nihar Kanti Pattanayak 4. Sidharth Shankar Pattanayak 5. Dr. Nayeem Hospital Pvt. Ltd. …. Opposite Parties Mr. Ashok Kumar Apat, Additional Government Advocate CORAM: THE HON’BLE MISS JUSTICE SAVITRI RATHO Order No. ORDER 30.03.2026 01. (Through hybrid mode) 1. This CRLMP has been filed for a direction to the Opposite Parties, particularly Opposite Party No.2 for protection of life, liberty, livelihood and property of the Petitioners and their family members. 2. Mr. S. Nayak, learned counsel for the Petitioners submits that the Petitioners were the first purchasers of entire Khata No.937, in 2007 from Nirmala Das. On 24.11.2025 sale deed was executed over Khata No.937 without confining over self-same property that false sale deed was initiated on 17.12.2007. In spite of several representations, the Police did not prevent demolition of the building of the Petitioners standing over the said land. 3. Perused the CRLMP petition. It appears that the Petitioners have submitted a representation to the Director General of Police on p. 2 31.01.2026 by Speed Post. Perusal of the representation as well as the order dated 29.01.2026 which is part of Annexure-5 series reveals that the Petitioners had moved the Executive Magistrate, Cuttack U.P.D. and the IIC, Lalbag Police Station had been directed to prevent breach of peace on the case land and enquire into the matter and submit the factual enquiry report by 10.02.2026. Neither the order passed on 10.02.2026 nor any developments thereafter have been mentioned in the CRLMP. I also find that the complaint has not been submitted before the IIC but sent to the D.G. of Police. 4. In view of the nature of the allegations and as the procedure prescribed in the BNSS for registration of FIR has not been complied by the Petitioners, I am not satisfied that this is a fit case to exercise discretionary power under Article 226 of the Constitution of India to issue any direction to the Opposite Parties. 5. The CRLMP is therefore, dismissed. 6. The Petitioners are at liberty to avail alternate remedy after strict compliance of requirements of the BNSS. (Savitri Ratho) Judge RKS