Disposed¶23

Biren Kumar Jena v. State of Odisha

Orissa HC23 Feb 2026CRLMP/193/2026

Case brief

AI extract

What is this about?

Direction to police to register FIR refused; Article 226 writ jurisdiction not exercised; FIR registration; written report dated 17.11.2025; I.I.C. Jagatpur Police Station; DGP Odisha; Deputy Commissioner of Police Cuttack-Bhubaneswar; speed post receipts Rs.19/-; Bank of Baroda employee cheating allegation Rs.3,00,000/- demanded, Rs.5,000/- PhonePe, Rs.80,000/- cash, Rs.85,000/- cheated; alternate remedy; CRLMP disposed of; Orissa High Court, Cuttack; single Judge Savitri Ratho; decided 23.02.2026; no precedent cited.

What did the court decide?

No direction to register the FIR was issued; the CRLMP was disposed of, with the observation that the petitioner may avail alternate remedy. ¶23

Biren Kumar Jena Vs State of Odisha — Writ and Judicial Review | Orissa HC (2026)

What the court decided

AI extract

Outcome

No direction to register the FIR was issued; the CRLMP was disposed of, with the observation that the petitioner may avail alternate remedy.

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Issue for consideration

Whether the Court should exercise power under Article 226 of the Constitution of India to direct the opposite parties to register the Petitioner's written report dated 17.11.2025 as an FIR.

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Court's answer

There is no document on record indicating that the written report dated 17.11.2025 was submitted to the I.I.C., Jagatpur Police Station; only two registration receipts for Rs.19/- speed post charges (envelopes addressed to the DCP, Cuttack and the Commissioner of Police, Bhubaneswar) were on record.

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Ratio / Principle

Having regard to the absence of documents evidencing submission of the complaint and the nature of the allegations, the Court was not satisfied that this is a fit case for exercise of power under Article 226 of the Constitution of India to direct the opposite parties to register a case on the Petitioner's FIR.

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Key takeaways

It is open to the Petitioner to avail alternate remedy, if he is so advised.obiter¶22

Detailed headnote1 paragraphs

Orissa High Court (Savitri Ratho, J.), order dated 23.02.2026 in CRLMP No. 193 of 2026: the petitioner sought a direction to the I.I.C., Jagatpur Police Station to register his written report dated 17.11.2025 as an FIR, arising out of an alleged cheating incident in which an employee of Bank of Baroda purportedly demanded Rs.3,00,000/- for waiving a loan amount, the petitioner paying Rs.5000/- through PhonePe and Rs.80,000/- in cash, and thereafter learning he had been cheated of Rs.85,000/-. Finding no document on record to show that the report had been submitted to the I.I.C. — the annexures containing only two registration receipts for Rs.19/- speed post charges on envelopes addressed to the DCP, Cuttack and the Commissioner of Police, Bhubaneswar — and considering the nature of the allegations, the Court held it was not a fit case for exercise of power under Article 226 of the Constitution of India to direct registration of the FIR, and left the petitioner free to avail alternate remedy. The CRLMP was disposed of.

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IN THE HIGH COURT OF ORISSA AT CUTTACK

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CRLMP No. 193 of 2026

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Biren Kumar Jena …. Petitioner

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Mr. B. Rout, Advocate

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-versus-

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1. State of Odisha, represented through it's Principal Secretary, Home Department, Bhubaneswar

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2. Director General of Police, Odisha, Cuttack

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3. Deputy Commissioner police, Cuttack – Bhubaneswar 4. I.I.C., Jagatpur Police station, Cuttack …. Opp. Parties

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Mr. Raj Bhusan Dash, Additional Standing Counsel

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CORAM:

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HON’BLE MISS JUSTICE SAVITRI RATHO

ORDER

Order No.

23.02.2026

(Through hybrid Mode)

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1. This CRLMP has been filed for a direction to Opposite Party No.4 – I.I.C., Jagatpur Police Station to register the written report dated 17.11.2025 under Annexure-1 as FIR.

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After perusing the CRLMP and Annexures, it is apparent that there is no document on record to indicate that the written report dated 17.11.2025 had been submitted to the I.I.C., Jagatpur Police Station. There are two registration receipts which indicates that Rs.19/- has been paid towards speed post charges on the envelopes addressed to the DCP, Cuttack and the Commissioner of Police, Bhubaneswar.

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Page 1 of 2

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There is nothing in the synopsis regarding the allegation made by the Petitioner and the list of dates and events contains two dates i.e. 17.11.2025 and 01.12.2025.

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The Petitioner has made inter alia alleged that one employee of Bank of Baroda had asked for Rs.3,00,000/- for waiving the loan amount and therefore, he paid Rs.5000/- though PhonePe and Rs.80,000/- by cash. Subsequently, he came to learn that he has been cheated of the amount of Rs.85,000/- and lodged the FIR.

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As no documents have been filed to indicate sending of the complaint to the I.I.C., Jagatpur Police Station on 17.11.2025 or the DCP on 01.12.2025 and in view of the nature of allegations, I am not satisfied that it is a fit case for exercise of power under Article 226 of the Constitution of India to direct the opposite parties to register a case on the FIR of the Petitioner.

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It is open to the Petitioner to avail alternate remedy, if he is so advised.

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With this observation, the CRLMP is disposed of.

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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

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Digitally Signed Signed by: SUKANTA KUMAR BEHERA Designation: Senior Stenographer Reason: Authentication Location: Orissa High Court, Cuttack Date: 23-Feb-2026 19:42:58

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Biren Kumar Jena v. State of Odisha

Case brief

What is this about?

What did the court decide?

Biren Kumar Jena 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

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