Disposed¶21

Prakash Chandra Sethi v. State of Odisha

Orissa HC12 Jan 2026CRLMP/1634/2025

Case brief

AI extract

What is this about?

CRLMP No.1634 of 2025, High Court of Orissa, order dt. 12.01.2026, Savitri Ratho J. Direction to register FIR refused: social-media comments held to attract defamation only under S.356(1)/(2) BNS (non-cognizable, bailable); per S.179 BNSS FIR/investigation requires Magistrate's order; information recorded as Sahadevkhunta P.S. GD No.10 dt. 11.11.2025; CRLMP disposed of, alternative remedies left open. Statutes: S.356(1) BNS, S.356(2) BNS, S.179 BNSS. No case law cited.

What did the court decide?

No direction to register the FIR was issued; the CRLMP was disposed of and the Petitioner was left open to avail his remedy available under law. ¶21

Prakash Chandra Sethi Vs State of Odisha — Orissa HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

No direction to register the FIR was issued; the CRLMP was disposed of and the Petitioner was left open to avail his remedy available under law.

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Issue for consideration

Whether the Court should direct the Opposite Parties to immediately register the FIR and conduct a fair and proper investigation into the complaint, take steps against publication of the offending content by the accused persons on the social media platform, and arrest the culprits as per the F.I.R. +1 more

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Court's answer

In view of the instructions placed on record, the Court found no reason to direct the IIC, Model P.S., Sahadevkhunta, Balasore to register any case.

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Ratio / Principle

Even if the allegation is taken at face value in its entirety, the conduct attracts defamation alone, defined under Section 356(1) BNS with punishment prescribed under Section 356(2) BNS.

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Key takeaways

An offence under Section 356(2) BNS is non-cognizable and bailable; consequently, per Section 179 BNSS, the police cannot register an FIR or investigate such a non-cognizable offence without an order of the Magistrate.ratio¶19
The CRLMP was disposed of, leaving the Petitioner free to avail the remedy available to him under law.ratio¶22

Detailed headnote1 paragraphs

ORISSA HIGH COURT (Savitri Ratho, J.), CRLMP No.1634 of 2025, order dated 12.01.2026 — Criminal Miscellaneous petition by the complainant seeking a direction to the Opposite Parties (State of Odisha, Superintendent of Police, Balasore, and the IIC of Sahadebakhunta Police Station) to register an FIR, fairly investigate, restrain publication of defamatory content on a social media platform, and arrest the culprits. The copy of the alleged FIR was not annexed. On instructions dated 15.12.2025 of the IIC, Model P.S., Sahadevkhunta, produced by the learned Additional Standing Counsel, the allegations concerned comments on a social media platform harming the complainant's reputation and institution, with no allegation of physical harm, threat to life, inducement, extortion or public disorder, the core grievance being injury to reputation and mental distress. The Court held that such conduct, even taken at face value, attracts defamation alone under Section 356(1) BNS punishable under Section 356(2) BNS; the offence is non-cognizable and bailable, and per Section 179 BNSS police cannot register an FIR or investigate a non-cognizable offence without a Magistrate's order. The information had been entered only in the Station Diary on 11.11.2025 (Sahadevkhunta P.S. GD No. 10). Holding no reason to direct registration of any case, the Court disposed of the CRLMP, leaving the Petitioner free to avail his remedy available under law. No precedent was cited or discussed.

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IN THE HIGH COURT OF ORISSA AT CUTTACK CRLMP No.1634 of 2025

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Prakash Chandra Sethi

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…. Petitioner

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Mr. Deepak Ranjan Sundaray, Petitioner

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-versus-

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1. State of Odisha

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2. Superintendent of Police, Balasore

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3. Inspector-in-charge of Sahadebakhunta Police Station, Sahadebakhunta, DistrictBalasore

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…. Opposite Parties Mr. Sarathi Jyoti Mohanty, ASC

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CORAM:

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HON’BLE MS. JUSTICE SAVITRI RATHO ORDER

Order No.

12.01.2026

(Through Hybrid mode)

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This application has been filed for a direction to the Opposite Parties to immediately register the FIR and conduct fair and proper investigation as per law and to take steps for not publishing anything by the accused persons in Social Media Platform defaming the present Petitioner and also direct the Opposite Parties to arrest the culprits as per the F.I.R.

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Copy of the alleged F.I.R. has not been annexed with the CRLMP. 3. Mr. S.J. Mohanty, learned Additional Standing Counsel produces the instructions dated 15.12.2025 of the IIC Model P.S., Sahadevkhunta, Balasore where it is stated that as per the allegation of the complainant, certain comments were made on a social media platform harming his reputation and his institution. No allegation of physical harm, threat to life, inducement, extortion, or public disorder has been stated and the core

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grievance is injury to reputation and mental distress due to publication of comments. This allegation, even if taken at face value in entirety, attracts defamation alone which is defined under Section 356 (1) BNS and punishment is prescribed under Section 356 (2) BNS. Offence under Section 356 (2) BNS is non-cognizable and bailable, for which as per Section 179 BNSS, Police cannot register an FIR or investigate a noncognizable offence without an order of the Magistrate. Station Diary entry in respect of the information has been made on 11.11.2025 vide Sahadevkhunta P.S. GD No. 10. The said instructions is taken on record. It shall be scanned and incorporated in the digital record.

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