Disposed¶22

Prajjwal Tewari v. Deputy Commissioner of Police, Cuttack

Orissa HC5 Feb 2026CRLMP/1738/2025

Case brief

AI extract

What is this about?

Prajjwal Tewari v. Deputy Commissioner of Police, Cuttack & Inspector-In-Charge, Cuttack Sadar Police Station; CRLMP No. 1738 of 2025; High Court of Orissa at Cuttack; Miss Justice Savitri Ratho; decided 05.02.2026; FIR registration; Section 173(1) BNSS; Section 175 BNSS; Section 35 BNSS; Sections 329(1)/351(2) BNS; Cuttack Sadar P.S. Case No.06 of 2026; General Diary entry 21.05.2025; matter civil in nature; ASI enquiry; police investigation; disposal of CRLMP.

What did the court decide?

No direction for registration of the FIR (registration already effected as Cuttack Sadar P.S. Case No.06 of 2026); the Court expressed the expectation that Opposite Party No.2 will ensure investigation is carried out in accordance with law and expeditiously. ¶22

Prajjwal Tewari Vs Deputy Commissioner of Police, Cuttack — Orissa HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

¶22

Issue for consideration

Whether the Opposite Parties should be directed to register the FIRs dated 21.05.2025 and 25.05.2025 under Section 173(1) BNSS, and to investigate the cognizable case and take arrest action under Sections 175 and 35 BNSS. +1 more

¶17

Court's answer

In view of the registration of the FIR (Cuttack Sadar P.S. Case No.06 of 2026), no direction is required to be issued to the Opposite Parties for registration of the FIR.

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Ratio / Principle

The CRLMP is disposed of with the expectation that Opposite Party No.2 (IIC, Cuttack Sadar Police Station) will ensure that investigation is carried out in the case in accordance with law and expeditiously.

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Detailed headnote1 paragraphs

CRLMP No. 1738 of 2025, High Court of Orissa at Cuttack (Miss Justice Savitri Ratho), decided 05.02.2026 — Prajjwal Tewari sought directions to the Deputy Commissioner of Police, Cuttack and the IIC, Cuttack Sadar Police Station to register the FIRs dated 21.05.2025 and 25.05.2025 under Section 173(1) BNSS, investigate the cognizable case under Section 175 BNSS and take arrest action under Section 35 BNSS. State counsel produced the IIC's instruction dated 04.01.2026 recording a General Diary entry of 21.05.2025 (matter treated as civil in nature, ASI enquiry ordered, unauthorised occupant asked to remove the temporary structure and not damage the tree) and the subsequent registration of Cuttack Sadar P.S. Case No.06 of 2026 under Sections 329(1)/351(2) BNS. Holding that, in view of the registration of the FIR, no direction for registration was required, the Court disposed of the CRLMP expecting the IIC to ensure that investigation is carried out in accordance with law and expeditiously.

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IN THE HIGH COURT OF ORISSA AT CUTTACK

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CRLMP No. 1738 of 2025

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Prajjwal Tewari

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…. Petitioner

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Mr. Basudev Pujari, Advocate

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-versus-

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1. Deputy Commissioner of Police, Cuttack

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2. Inspector-In-Charge, Cuttack Sadar Police Station, Cuttack

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…. Opposite Parties

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Mr. Sarathi Jyoti Mohanty, Additional Standing Counsel

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CORAM:

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THE HON’BLE MISS JUSTICE SAVITRI RATHO

ORDER

05.02.2026

Order No.

(Through hybrid mode)

¶17

The CRLMP has been filed with a prayer to direct the Opposite Parties to register the FIR dated 21.05.2025 and 25.05.2025 under Section 173(1) of the BNSS and to direct the IIC, Cuttack Sadar Police Station for investigation into cognizable case committed by the accused persons under Section 175 of the BNSS and follow up action for their arrest to be taken as per Section 35 of the BNSS.

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Mr. Basudev Pujari, learned counsel for the Petitioner submits that in the meanwhile Cuttack Sadar P.S. Case No.06 has been registered on 03.01.2026, but no investigation is being undertaken in the case.

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Page 1 of 2

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Mr. S.J. Mohanty, learned Additional Standing Counsel produces the instruction dated 04.01.2026 of the IIC, Sadar P.S., Cuttack UPD wherein it is stated that on receipt of the written report, a General Diary entry was made on 21.05.2025 as the matter is civil in nature and ASI of the Police Station has been directed to enquire into the matter and during enquiry, the person occupying the land unauthroisedly was asked to remove the temporary structure from the land of Petitioner and not to damage the tree standing over the land. Thereafter on the written report of the Petitioner, Cuttack Sadar P.S. Case No.06 of 2026 has been registered under Sections 329(1)/351(2) of the BNS.

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In view of the registration of the FIR, no direction is required to be issued to the Opposite Parties for registration of the FIR.

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The CRLMP is disposed of expecting that the Opposite Party No.2 will ensure that investigation is carried out in the case in accordance with law and expeditiously.

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(Savitri Ratho) Judge

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RKS

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Signature Not Verified

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Digitally Signed Signed by: RANJAN KUMAR SETHI Reason: Authentication Location: ORISSA HIGH COURT Date: 05-Feb-2026 20:22:24

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Prajjwal Tewari v. Deputy Commissioner of Police, Cuttack

Case brief

What is this about?

What did the court decide?

Prajjwal Tewari v. Deputy Commissioner of Police, Cuttack

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

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