Kailash Chandra Sahoo v. State of Odisha

Orissa HC14 Aug 2025CRLMP/685/2025

Case brief

AI extract

What is this about?

Direction for FIR registration; CRLMP disposed of with expectation that IIC, Sarankul P.S. act diligently; conditional direction to register FIR upon prima facie case of criminality arising from villagers' encroachment of petitioner's land; P.R. Report under Section 126 BNSS before Executive Magistrate; Non F.I.R. Nos.24 and 25 dated 09.07.2025; bonds to maintain peace; merits of complaint left open; no opinion on merits.

What did the court decide?

CRLMP disposed of with the expectation that the IIC, Sarankul P.S. diligently proceed with the matter and, should the villagers' high-handedness in encroaching on the Petitioner's land give rise to a prima facie criminal case, register the FIR and take further action in accordance with law; no opinion expressed on the merits of the complaint. ¶¶17

Kailash Chandra Sahoo Vs State of Odisha — Orissa HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

¶¶17

Issue for consideration

Whether this Court should direct Opposite Party Nos.4 and 5 to register the FIR on the Petitioner's complaint and proceed with the investigation in accordance with law.

¶¶2

Court's answer

Having regard to the facts and circumstances, it is expected that the IIC, Sarankul P.S. shall diligently proceed with the matter.

¶¶17

Ratio / Principle

In the event high-handedness is shown by the villagers encroaching upon the Petitioner's land, giving rise to a prima facie case to initiate action on the criminal side, the police are to proceed with registration of the FIR and take further action in accordance with law.

¶¶17

Key takeaways

This Court does not express any opinion on the merit of the Petitioner's complaint.ratio¶¶17

Detailed headnote1 paragraphs

CRLMP No.685 of 2025 (High Court of Orissa at Cuttack, Chittaranjan Dash, J., order dated 14.08.2025): The Petitioner sought a direction to Opposite Party Nos.4 and 5 to register an FIR and investigate his complaint that certain villagers of Barasahi attempted to construct a government hospital on his private land without lawful consent or authority. The State placed on record the written instruction of the IIC, Sarankul P.S. and the ASI's report in connection with Sarankul P.S. Non F.I.R. Nos.24 and 25, both dated 09.07.2025; a P.R. Report under Section 126 of BNSS had been filed before the Executive Magistrate, and the Petitioner (complainant in Non F.I.R. No.24) and the second party were asked to furnish bonds to maintain peace. The Court expected the IIC, Sarankul P.S. to diligently proceed with the matter and directed that, if high-handedness by the villagers encroaching on the Petitioner's land gives rise to a prima facie case for criminal action, the FIR be registered and further action taken in accordance with law, while expressly refraining from expressing any opinion on the merits of the complaint. The CRLMP was disposed of.

¶1

IN THE HIGH COURT OF ORISSA AT CUTTACK

¶2

CRLMP No.685 of 2025

¶3

Kailash Chandra Sahoo …. Petitioner Mr. S. Pasayat, Advocate

¶4

-versus-

¶5

State of Odisha and others

¶6

…. Opp. Parties Mr. A.K. Apat, Addl. P.P.

¶7

CORAM:

¶8

THE HON’BLE MR. JUSTICE CHITTARANJAN DASH

ORDER

Order No.

14.08.2025

Heard learned counsel for the Petitioner and the State.

¶14

By means of this application, the Petitioner seeks the intervention of this Court for a direction to the Opposite Party Nos.4 and 5 to register the FIR and proceed with the investigation in accordance with law.

¶15

Learned counsel for the State, on the other hand, has placed the written instruction of the IIC, Sarankul P.S. alongwith the report of the ASI, Sarankul P.S. in connection with Non F.I.R. No.25, dated 09.07.2025 and Sarankul P.S. Non F.I.R. No.24, dated 09.07.2025. In the written instruction it is informed by the IIC that the Petitioner has lodged a complaint before the IIC, Sarankul P.S. alleging that certain villagers of Barasahi attempted to construct a government hospital on his private land without lawful consent or authority. Pursuant to the aforesaid action of the villagers there is apprehension of breach of peace for which on

¶16

the basis of the complaint from both the sides as well as the report of the Police vide Sarankul P.S. Misc. Case Non F.I.R. No.25 dated 09.07.2025 and P.R. Report under Section 126 of BNSS has been filed before the Executive Magistrate and the present Petitioner as well as the second party in the Non F.I.R. No.24 wherein the Petitioner is the complainant have been asked to furnish bond to maintain peace and harmony. It also reveals from the information that the appropriate action is being initiated pursuant to the investigation conducted in connection with the complaint.

¶17

Having regard to the aforesaid facts and circumstances, it is expected that the IIC, Sarankul P.S. shall diligently proceed with the matter and in the event any such high handedness is being shown by the villagers encroaching upon the land of the Petitioner thereby giving rise to the prima face case to initiate action in the criminal side to proceed with registration of the FIR and take further action in accordance with law. This Court, however, does not express opinion on the merit of the complaint. The CRLMP is accordingly stands disposed of.

¶18

(Chittaranjan Dash)

¶19

Judge

¶20

KC Bisoi

¶21

Signature Not Verified

¶22

Digitally Signed Signed by: KRUSHNA CHANDRA BISOI Reason: Authentication Location: orissa high court Date: 18-Aug-2025 11:36:09

¶23

Page 2 of 2

Kailash Chandra Sahoo v. State of Odisha

Case brief

What is this about?

What did the court decide?

Kailash Chandra Sahoo v. State of Odisha

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

Coram

Case details

Similar cases

Manorajan Panda Vs State of Orissa

Minaketana Samal Vs State of Orissa

Mousumi Nayak Vs State of Odisha

Sailabala Mallick @ Sailabala Malik Vs Superintendent of Police, Bhadrak

Ganesh Prasad Mohanty Vs State of Odisha

Mano Ranjita Behera Vs State of Odisha