Disposed

Somanath Sethi v. State of Odisha

Orissa HC9 Sept 2026CRLMP/1285/2026

Case brief

AI extract

What is this about?

In a criminal miscellaneous petition, the Orissa High Court directed the IIC of Chhatrapur PS to examine the petitioner's complaint regarding alleged theft of paddy and register an FIR if cognizable offences are found, deferring a substantive decision on the civil nature of the dispute.

What did the court decide?

Direction to the IIC of Chhatrapur PS to examine the complaint and register an FIR if cognizable offences are alleged.

Somanath Sethi Vs State of Odisha — Constitutional and Fundamental Rights | Orissa HC (2026)

¶1

IN THE HIGH COURT OF ORISSA AT CUTTACK CRLMP No.1285 of 2026 CNR No. ODHC010622762026

¶2

Somanath Sethi

¶3

…. Petitioner

¶4

Mr. S.K. Mahanty, Advocate

¶5

-Versus-

¶6

State of Odisha & another

¶7

…. Opposite Parties

¶8

Mr. Bibhu Prasad Nayak, AGA

¶9

CORAM:

¶10

MR. JUSTICE R.K. PATTANAIK

Order No.

ORDER 09.09.2026

Heard Mr. Mahanty, learned counsel for the petitioner and State.

¶15

Instant CRLMP is filed by the petitioner for a direction to the opposite parties and particularly, Superintendent of Police, Ganjam at Chhatrapur to consider his complaint dated 14^th March, 2024 within a stipulated period.

¶16

A copy of the complaint is at Annexure-1.

¶17

The complaint is also sent to DSP, Superintendent of Police, Ganjam at Chhatrapur as per Annexure-2 but according to Mr. Mahanty, learned counsel, there is no action, hence, the CRLMP.

¶18

Recorded the submission of Mr. Nayak, learned AGA for the State to the effect that the dispute is civil in nature, hence, no case is made out to register the complaint as FIR. In reply and response, Mr. Mahanty, learned counsel submits that the petitioner has been threatened with dire consequences by

¶19

Page 1 of 2

¶20

the accused named in the complaint i.e. Annexure-1 further alleging that paddy has been illegally removed and a case of theft is made out.

¶21

When there is rival claim of the parties over paddy and it is alleged that theft has been committed, no criminal action would lie since the very nature of dispute is civil but at the same time, without expressing anything on merits of the alleged complaint at Annexure-1, this Court is inclined to direct the IIC of Chhatrapur PS to examine the same and to take a decision in accordance with law without being influenced by the observation made hereinabove.

¶22

7. Accordingly, it is ordered.

¶23

In the result, the CRLMP stands disposed of with the direction as aforesaid. It is further directed that upon receiving a copy of the complaint i.e. Annexure-1, the IIC of the PS concerned shall examine it and thereafter, if in case, any cognizable offences alleged to have been committed by the accused named therein, to register it as FIR and to proceed with the case according to law.

¶24

9. Issue urgent certified copy of this order as per rules.

¶25

A copy of the order be handed over to the State for

¶26

intimation and compliance. Signature Not Verified Digitally Signed (R.K. Pattanaik) Signed by: THAKURDAS TUDU Reason: Authentication Judge Location: OHC,CTC Date: 11-Sep-2026 12:06:23T.Tudu

¶27

Page 2 of 2

Somanath Sethi v. State of Odisha

Case brief

What is this about?

What did the court decide?

Somanath Sethi v. State of Odisha

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

Similar cases