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2026 DAILYLAW 989 (ORI)

MANORAMA SWAIN v. STATE OF ODISHA

CRLMP/121/2026 · 2026-02-12

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. 121 of 2026 Manorama Swain …. Petitioner Mr. Subha Kumar Mishra, Advocate -versus- 1. State of Odisha, represented through its Secretary, Department of Home, Bhubaneswar 2. Director General of Police, Cuttack 3. Superintendent of Police, Kendrapara 4. Inspector-ln-Charge, Pattamundai Police Station …. Opp. Party Mr. Raj Bhusan Dash, Additional Standing Counsel CORAM: HON’BLE MISS JUSTICE SAVITRI RATHO ORDER Order No. 12.02.2026 (Through hybrid Mode) 01. 1. This CRLMP has been filed for a direction for registration of the FIR and impartial and proper investigation of the case and to arrest the accused persons. 2. The allegations of the Petitioner are that on 01.11.2025 the accused person Murati Jena, Rabindra Jena and Bipin Jena arrived at a residence and started bamboo fencing in front of her residential house leaving no space for ingress and outgress to her residential house using muscle power and scolding her in filthy languages if they removed the bamboo fencing. When the Petitioner objected to such action they manhandled her using p. 2 lathi, iron rod and crow bar etc. and they locked the entire family members of the Petitioner in the house from outside. After they left the place, the Petitioner and her family members informed the police regarding the incident on 01.11.2025. But the police did not act upon the complaint. On 21.011.2025 at about 9.00 a.m., the accused persons again came to the residential house of the Petitioner and scolded her family members for complaining to the police and started manhandling her by outraging her modesty as a result the informant fell down on the ground and the accused persons gave fist and kick blows to her chest for which she became unconscious. After she became conscious, she found her necklace has been taken away by the accused persons. Since every day the accused persons come to the site of the informant and threatened her, she rushed to the police station on 21.11.2025, but the police did not cooperate for registering the FIR. Since the police did not register the FIR, the Petitioner submitted her grievance to the Superintendent of Police, Kendrapara on 05.12.2025 through speed post and to the Collector, Kendrapara on 09.12.2025 through speed post. But till date no FIR has been registered. 3. Perusal of the CRLMP reveals that there is no endorsement or any documents to show that the FIR had been submitted to the I.I.C., Model Police Station Pattamundai either on 01.11.2025 or 21.011.2025. 4. After hearing learned counsel for the Petitioner and perusing the averments in the CRLMP, I am not satisfied that in exercise of power under Article 226 of the Constitution of India any direction should be issued to the Police. Page 3 of 3 5. Where a complaint discloses commission of cognizable offence(s), but a case is not registered by the police, alternative remedy is available to the Petitioner. 6. The CRLMP is therefore disposed of granting liberty to the Petitioner to avail the alternate remedy which is available to her under law. 7. Urgent certified copy of this order be granted on proper application. (Savitri Ratho) Judge Sukanta Designation: Senior Stenographer