Extracted from the PDF above. The PDF is authoritative.
IN THE HIGH COURT OF ORISSA AT CUTTACK CRLMP No. 2080 of 2021
Dibyasnata Mohanty …..
Petitioner Ms. Sonali Panda, Advocate on behalf of Ms. S. Mohanty, Advocate -versus-
1. State of Odisha 2.Superintendent of Police, CID, CB, Bhubaneswar
3. Santosh Kumar Mohanty
…..
Opposite Parties Mr. S. K. Rout, Additional Standing Counsel
CORAM:
HON’BLE MISS JUSTICE SAVITRI RATHO
ORDER 11.05.2026
Order No.
03. (Through hybrid Mode)
1. This CRLMP has been filed for quashing of letter dated 18.10.2021 under Annexure-7 and to direct the Opp. Party No.2 to register the FIR dated 21.05.2021 under Annexure-1. 2. This matter has been last listed on 07.12.2021 and had been adjourned granting time to the learned State Counsel to file an affidavit. 3. Affidavit dated 20.12.2021 has been filed by the Inspector of Police, Economic Offences Wing, Crime Branch, Bhubaneswar stating about the enquiry conducted after receiving the complaint of the petitioner which was registered as Entry No. 2875 dated
11.06.202. It is interalia stated in the affidavit that;
“5. That on inquiry it is further revealed that by virtue of an agreement dtd.01.09.2020 the present petition along
with one Sisir Das had executed an agreement to purchase the entire land of Ac.2.25 dec. including 38 dec. of land which was previously purchased by one Urmila Khuntia from Santosh Mohanty at a consideration of amount of Rs.09,38,00,000/- which was to be paid by the petitioner on 28.02.2021 and in return the Opp. party no.4 will execute the sale deed in favour of the petitioner. The said agreement will be valid till 01.09.2020. However, though the petitioner who is the Managing Director of M/s. Twin City Infracon Pvt. Ltd. and her business partner Sisir Das had paid an amount of Rs.05,80,000,00/- to the account of Santosh Mohanty on 09.03.2021 but did not pay the rest of the amount to Santosh Mohanty for which, the dispute cropped and ultimately there was breach of agreement. A copy of agreement dtd.01.09.2020 is annexed herewith as Annexure-A/2.”
4. It is also stated that during inquiry it was found that there is a civil dispute pending in the Court of the learned Civil Judge, Junior Division (1st Court) in C.S. No. 564 of 2019 filed by Santosh Mohanty and an order of status quo had been passed in I.A No. 01 of 2019 and in spite of the order of status quo, land has been sold to various persons and third party interest have been created and PS Case No. 383 of 2019 under Section 420/465/468/508/34 of the IPC on the information of Santosh Mohanty has been registered.
It has ultimately been stated that taking into consideration the inquiry report and the related litigation and the decision taken by the SP, EOW on 18.10.2021, intimating the petitioner that the dispute is purely civil in nature and remedy to that effect are pending in
various Courts, for which it does warrant initiation of any criminal prosecution. 5. Ms. S. Panda, learned counsel appearing on behalf of Ms. Mohanty, learned counsel for the petitioner that they do not have any instructions in the matter and she undertakes to file a memo signed by Ms. Subhashree Mohanty, learned counsel for the petitioner in course of the day. 6. In view of the contents of the affidavit of the Inspector of Police, EOW, Crime Branch, Bhubaneswar, the CRLMP is disposed of without issuing any direction. (Savitri Ratho)
Judge subhalaxmi
SAHOO