Disposed¶21

Biswamaitri Nayak v. Diptimayee Behura

Orissa HC30 Jan 2026CRLMP/1722/2025

Case brief

AI extract

What is this about?

Police inaction FIR investigation — Orissa High Court declines to interfere with or monitor investigation; directs petitioner to alternate remedy. Tihidi P.S. Case No. 261 of 2025 registered 30.07.2025 under BNS Sections 126(2), 115(2), 74, 303(2), 324(4), 351(2), 3(5); sixteen accused plus JCB driver and 60 unnamed others; main accused a Zilla Parisad member; reliance on Sudhir Bhaskarrao Tambe v. Hemant Yashwant Dhage (2016) 6 SCC 277; CRLMP disposed with liberty to pursue alternate remedy; Savitri Ratho, J.; order dated 30.01.2026.

What did the court decide?

Liberty granted to the Petitioner to avail the alternate remedy available under law, if so advised; urgent certified copy of the order to be granted on proper application. ¶21

Biswamaitri Nayak Vs Diptimayee Behura — Orissa HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Liberty granted to the Petitioner to avail the alternate remedy available under law, if so advised; urgent certified copy of the order to be granted on proper application.

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Issue for consideration

Whether the High Court should direct the concerned authorities to take proper action as per the FIR (and impose penalties) in view of the alleged inaction of the police after registration of Tihidi P.S. Case No. 261 of 2025.

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Court's answer

Since the FIR has already been registered by the Police, it is the duty of the Police to carry out investigation in the case.

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Ratio / Principle

This Court normally does not interfere with the investigation and does not direct or monitor the manner in which the investigation should proceed.

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Key takeaways

In view of the Supreme Court's decision in Sudhir Bhaskarrao Tambe v. Hemant Yashwant Dhage, (2016) 6 SCC 277, the CRLMP is disposed of, granting the Petitioner liberty to avail the alternate remedy available to her under law, if so advised.ratio¶21

Detailed headnote1 paragraphs

CRLMP No. 1722 of 2025 — High Court of Orissa at Cuttack — Savitri Ratho, J. — Order dated 30.01.2026: Petitioner sought directions to the concerned authorities to take proper action as per the FIR and payment of penalties, alleging police inaction after registration of Tihidi P.S. Case No. 261 of 2025 (registered 30.07.2025 under Sections 126(2), 115(2), 74, 303(2), 324(4), 351(2), 3(5) of BNS against sixteen persons, the driver of a JCB and 60 others not named), the main accused allegedly being a Zilla Parisad member whose supporters were heckling the petitioner. Held: once an FIR is registered, it is the duty of the Police to carry out the investigation, and the Court normally does not interfere with the investigation or direct/monitor the manner in which it should proceed. Relying on Sudhir Bhaskarrao Tambe v. Hemant Yashwant Dhage, (2016) 6 SCC 277, the CRLMP was disposed of granting liberty to the petitioner to avail the alternate remedy available under law, if so advised.

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IN THE HIGH COURT OF ORISSA AT CUTTACK

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CRLMP No. 1722 of 2025

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Smt. Biswamaitri Nayak …. Petitioner

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Ms. Kiran Rout, Advocate

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-versus-

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Diptimayee Behura & Others …. Opp. Parties

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Mr. Saroj Kumar Rout, Additional Standing Counsel

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CORAM:

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HON’BLE MISS JUSTICE SAVITRI RATHO

ORDER

Order No.

30.01.2026

(Through hybrid Mode)

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1. This CRLMP has been filed with the following prayer:-

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“The respectful submission of the petitioner is that this Hon'ble Court may graciously be pleased to consider the facts, circumstances, life threat of the petitioner and her son by the opp. parties, above all the inaction of responsible authorities like police which caused encouragement to the Opp. parties/criminals and this Hon'ble may pleased to pass an order directing the concerned authorities to take proper action as per the FIR and payment of penalties for the ends of justice;

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And for which act of kindness, the petitioner shall as in duty bound, ever pray.”

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Page 1 of 2

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Perusal of the CRLMP and the Annextures reveals that Tihidi P.S. Case No. 261 of 2025 has been registered on 30.07.2025 under Sections 126(2), 115(2), 74, 303(2), 324(4), 351(2), 3(5) of BNS against sixteen persons and driver of JCB and 60 others (not named).

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The grievance of the Petitioner is that after the FIR was registered, the Petitioner was not sent for medical examination and no steps have been taken to arrest the accused persons. Learned counsel for the Petitioner submits that as the main accused is a Zilla Parisad member and others are his supporters, no action is being taken by the Police, for which they are heckling the Petitioner that no action will be taken against them.

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Since FIR has already been registered by the Police, it is the duty of the Police to carry out investigation in the case. Normally this Court does not interfere with the investigation and direct or monitor the manner in which investigation should proceed.

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In view of the decision of the Supreme Court in the case of Sudhir Bhaskarrao Tambe Vs. Hemant Yashwant Dhage : (2016) 6 SCC 277 , the CRLMP is disposed of granting liberty to the Petitioner to avail the alternate remedy which is available to her under law, if so advised.

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Urgent certified copy of this order be granted on proper application.

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(Savitri Ratho) Judge

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Sukanta

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Signature Not Verified Sukanta

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Digitally Signed Signed by: SUKANTA KUMAR BEHERA Designation: Senior Stenographer Reason: Authentication Location: Orissa High Court, Cuttack Date: 02-Feb-2026 19:24:35

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Page 2 of 2

Biswamaitri Nayak v. Diptimayee Behura

Case brief

What is this about?

What did the court decide?

Biswamaitri Nayak v. Diptimayee Behura

Case brief

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What the court decided

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