Ashok Agarwal @ Kumar Vs State of Odisha

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IN THE HIGH COURT OF ORISSA AT CUTTACK CRLMP No.22 of 2026

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An application under Article 226 and 227 of the Constitution of India.

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1.Ashok Agarwal @ Kumar

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2. Sudha Agarwal …. Petitioners

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-versus-

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1. State of Odisha

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2. The Director General of Police, Odisha, Cuttack 3. The Superintendent of Police, Rourkela The Inspector-in-Charge, Plantsite Police …. Opposite Parties Station, Sundargarh

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Advocates appeared in this case through Hybrid Mode :

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For Petitioner : Mr. S.K. Baral, Advocate

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For Opposite Party : Mr. A.K. Apat, AGA

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CORAM:

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HON’BLE MISS JUSTICE SAVITRI RATHO

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.……………………………………………………………………… Date of Judgment: 06.02.2026

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………………………………………………………………………..

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Savitri Ratho, J. This CRLMP has been filed praying for a direction to the

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Opposite Parties more particularly Opposite Parties No.3 and 4 to register the complaint lodged under Annexure-1 series and take up proper investigation and provide appropriate protection to the Petitioners as per law.

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CRLMP No. 22 of 2026 Page 1 of 9

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2. The instructions dated 05.02.2026 of the IIC, Plantsite

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Police Station is produced by Mr. A.K. Apat, learned Additional Government Advocate, where it has been stated that no report has been filed by the Petitioners at the Plantsite Police Station for registration of the case. On being contacted for filing of fresh report for registration of the case, the Petitioners did not submit any report for registration of a case against their son and daughter-in-law. The said instructions are taken on record. It shall be scanned and incorporated in the digital record.

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SUBMISSIONS

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3. Mr. S.K. Baral, learned counsel for the Petitioners submits that the Petitioners are being harassed by their son and daughter-in-law. It is the duty of the Police to ensure the wellbeing and welfare of the Petitioners (as Petitioner No.1 is Senior Citizen) as their son and daughter-in-law are causing disturbances in their residence. The house is built on the self acquired property of the petitioner.

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He also submits that as the complaint dated 10.09.2025 of

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the Petitioners had been sent by Speed Post to the IIC, Plantsite Police Station on 09.11.2025, the Petitioners did not agree to submit a fresh

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Page 2 of 9

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CRLMP No. 22 of 2026

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FIR on 05.02.2026 as per request of the Police, so the case may be registered on the basis of the complaint dated 10.09.2025, sent on 09.11.2025.

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STATUTORY PROVISION

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4. The Maintenance and Welfare of Parents and Senior Citizens Act, 2007 (in short ‘the Act’) has been enacted to provide for more effective provisions for the maintenance and welfare of parents and senior citizens. The Orissa Maintenance of Parents and Senior Citizens Rules, 2009 (in short “2009 Rules”) have come into force on 24^th September, 2009.

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The relevant provisions are extracted below:-

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“Section 4. Maintenance of parents and senior citizens.

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(1) A senior citizen including parent who is unable to maintain himself from his own earning or out of the property owned by him, shall be entitled to make an application under section 5 in case of

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(i) parent or grand parent, against one or more of his children not being a minor,

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(ii) a childless senior citizen, against such of his relative referred to in clause (g) of section 2.

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(2) The obligation of the children or relative as the case may be, to maintain a senior citizen extends to the needs of such citizen so that senior citizen may lead a normal life.

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Page 3 of 9

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CRLMP No. 22 of 2026

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(3) The obligation of the children to maintain his or her parent extends to the needs of such parent either father or mother or both, as the case may be, so that such parent may lead a normal life.

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(4) Any person being a relative of a senior citizen and having sufficient means shall maintain such senior citizen provided he is in possession of the property of such senior citizen or he would inherit the property of such senior citizen:

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Provided that where more than one relatives are entitled to inherit the property of a senior citizen, the maintenance shall be payable by such relative in the proportion in which they would inherit his property.

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“ Rule 19. Duties and powers of the District magistrate (1) The District magistrate shall perform the duties and exercise the powers mentioned in sub-rules (2) and (3) of rule 19 so as to ensure that the provisions of the Act are properly carried out in his district.

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(2) It shall be the duty of the District Magistrate to, -

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(i) ensure that life and property of senior citizens of the district and they are able to live with security and dignity; are protected

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(ii) to look over and monitor the work of Maintenance Tribunals and Maintenance Officers of the district with a view to ensuring timely and fair disposal of applications for maintenance, and execution of Tribunals' orders:

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(iii) to look over and monitor the working of old age homes in the district so as to ensure that they conform to the

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Page 4 of 9

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CRLMP No. 22 of 2026

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standards laid down in these rules, and any other guidelines and orders of the State Government;

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iv) ensure regular and wide publicity of the provisions of the Act, and Central and State Governments' programmes for the welfare of senior citizens;

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(v) encourage and co-ordinate with panchayats, municipalities, Nehru Yuwa Kendras, educational institutions and especially their National Service Scheme Units, organisations, specialists, experts, activists, etc. working in the district so that their resources and efforts are effectively pooled for the welfare of senior citizens of the district;

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(vi) ensure provision of timely assistance and relief to senior citizens in the event of natural calamities and other emergencies;

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(vii)ensure periodic sensitization of officers of various Departments and Local Bodies concerned with welfare of senior citizens, towards the needs of such citizens, and the duty of the officers towards the latter;

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(viii) review the progress of investigation and trial of cases relating to senior citizens in the district, except in cities having a Police Commissioner;

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(ix) ensure that adequate number of prescribed application forms for maintenance are available in offices of common contact for citizens like Panchayats, Post Offices, Block Development Offices, Tahasil offices, Collectorate, Police Stations;

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(x) promote establishment of dedicated Helplines for senior citizens at district headquarters, to begin with; and

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Page 5 of 9

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CRLMP No. 22 of 2026

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20. Action plan for the protection of life and property of senior citizens

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(1) The Superintendent of Police, and in the case of cities having a Police Commissioner, such Police Commissioner shall take all necessary steps, subject to such guidelines as the State Government may issue from time to time, for the protection of life and property of senior citizens.

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(2) Without prejudice to the generality of sub-rule (1),

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-

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(1) each police station shall maintain an up-to-date list of senior citizens living within its jurisdiction, especially those who are living by themselves (i.e. without there being any member in their household who is not a senior citizen);

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(ii) a representative of the police station together, as far as possible, with a social worker or volunteer, shall visit such senior citizens at regular intervals of atleast twice a month, and shall, in addition, visit them as quickly as possible on receipt of a request of assistance from them, and only:

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(iii) complain/problems of senior citizens shall be promptly attended to, by the local Police:

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(iv) One or more Volunteers' Committee(s) shall be formed for each Police Station which shall ensure regular contact between the senior citizens, especially those living by themselves, on the one hand, and the police and the district administration on the other;

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(v) the Superintendent of Police or, as the case may be, the Police Commissioner shall cause to be publicised

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Page 6 of 9

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CRLMP No. 22 of 2026

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widely in the media and through the Police Stations, at regular intervals the steps taken for the protection of life and property of senior citizens;

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(vi) each Police Station shall maintain a separate register containing all important particulars relating to offences committed against senior citizens, in such form as the State Government may, by order, specify,

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(vii) the register referred to in clause (vi) shall be kept available for public inspection, and every officer inspecting a Police Station shall invariably review the status as reflected in the register,

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(viii) the Police Station shall send a monthly report of such crimes to the Superintendent of Police by 10th day of every month;

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(ix) list of Do's and Don'ts to be followed by senior citizens in the interest of their safety will be widely publicized;

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(x) antecedents of domestic servants and others working for senior citizens shall be promptly verified, on the request of such citizens;

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(xi) Community policing for the security of senior citizens will be undertaken in conjunction with citizens living in the neighbourhood. Residents' Welfare Government Organisations; Associations, Youth Volunteers Non-

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(xii) the Superintendent of Police shall submit to the Director General of Police and to the District Magistrate, a monthly report by the 20th of every month, about the status of crime against senior citizens during the previous month, including progress of investigation and prosecution of

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Page 7 of 9

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CRLMP No. 22 of 2026

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registered offences,, and preventive steps taken during the month;

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(xiii) the District Magistrate shall cause the report to be placed before the District-level Co-ordination-cumMonitoring Committee constituted under rule 22.

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(xiv) The Director General of Police shall cause the reports submitted under clause (xii) to be compiled, once a quarter, and shall submit them to the State Government every quarter as well as every year for, inter alia, being placed before the State Council of Senior Citizens constituted under rule 21.”

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ANALYSIS AND CONCLUSION

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5. The Speed Post receipt has been filed along with this CRLMP, so the complaint must have been received by the IIC, Plantsite Police Station, as it is not their case that the empty envelope send through Speed Post was received. Copy of the complaint has been annexed to this CRLMP along with receipt of the Speed Post. As the complaint discloses a cognizable offence, it is the duty of the Police to register the case and investigate into the same instead of insisting that the complainant submit a fresh complaint.

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6. As per Section 4 (2) of the 2007 Act, it is the obligation of the children of Senior Citizen residing in their house to ensure that their parents are looked after and they lead a normal life.

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7. It has been stated that the son and daughter-in-law of the

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Page 8 of 9

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CRLMP No. 22 of 2026

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Petitioners are staying in the house of the Petitioners. It has been alleged that instead of taking care of the petitioners, they are allegedly harassing the Petitioners.

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8. As per the 2007 Act and 2009 Rules, it is the duty of the Superintendent of Police to ensure the wellbeing of all Senior Citizens under his jurisdiction. In the present case the son and daughter-in-law of the petitioners are residing with them, but since they are allegedly harassing the Petitioners instead of looking after their welfare, it is the duty of the local police to ensure the welfare of Petitioner No.1 who is

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a Senior Citizen. For the said purpose, they can also assist Petitioners to get the son and daughter-in-law evicted, if by initiating appropriate proceeding under the 2007 Act.

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9. If the dispute with their son and daughter-in-law is not settled, it is open to the petitioner to take steps for their eviction as provided in the 2007 Act and 2009 Rules.

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10. With these observations, the CRLMP is disposed of.

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

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application.

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…………………. (Savitri Ratho) Judge

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Signature Not Verified

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Digitally Signed Orissa High Court, Cuttack Signed by: PUSPANJALI MOHAPATRA Reason: Authentication Dated the 06^th February, 2026 /Puspa Location: Orissa High Court Date: 10-Feb-2026 20:42:26

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Page 9 of 9

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CRLMP No. 22 of 2026

Ashok Agarwal @ Kumar v. State of Odisha

Case brief

What is this about?

What did the court decide?

Ashok Agarwal @ Kumar 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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