Disposed¶23

Dr. Suraj Kumar Tripathy v. State of Odisha

Orissa HC29 Jan 2026CRLMP/58/2026

Case brief

AI extract

What is this about?

Orissa High Court, Cuttack; CRLMP No. 58 of 2026; petitioner sought FIR registration and investigation direction from Mancheswar PS and Cyber Crime/Economic Offences PS Bhubaneswar; no direction issued under Article 226; disposed with liberty to pursue alternate remedy; Sudhir Bhaskarrao Tambe v. Hemant Yashwant Dhage (2016) 6 SCC 277 relied upon; complaints lodged 30.01.2025, 08.02.2025, 10.02.2025 and 31.08.2025 remained unactioned until speed-post dispatch 04.12.2025; single-judge bench: Justice Savitri Ratho; order dated 29.01.2026.

What did the court decide?

Liberty granted to the Petitioner to avail the alternate remedy available under law, if so advised; no direction issued to register the FIR or to investigate. Urgent certified copy to be granted on proper application. ¶23

Dr. Suraj Kumar Tripathy Vs State of Odisha — Writ and Judicial Review | Orissa HC (2026)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether a direction should be issued to Opposite Party Nos. 4 and 5 (I.I.C., Mancheswar Police Station and I.I.C., Cyber Crime and Economic Offences Police Station, Bhubaneswar) to forthwith register the FIR on the basis of the Petitioner's complaints and conduct a fair, impartial and expeditious investigation, including apprehension of the accused persons.

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Court's answer

In view of the nature of the allegations and the documents annexed with the CRLMP, the judge decided that no direction should be issued to the Opposite Parties in exercise of power under Article 226 of the Constitution of India (i.e., no directive to register the FIR or conduct the investigation).

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Ratio / Principle

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

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Detailed headnote1 paragraphs

High Court of Orissa at Cuttack — CRLMP No. 58 of 2026 (Dr. Suraj Kumar Tripathy v. State of Orissa and others), order dated 29.01.2026 by Miss Justice Savitri Ratho. The petitioner sought a direction to Opposite Party Nos. 4 and 5 (Mancheswar Police Station; Cyber Crime and Economic Offences Police Station, Bhubaneswar) to forthwith register an FIR on his complaints and to investigate fairly, impartially and expeditiously. Complaints had been lodged with the I.I.C., Mancheswar Police Station on 30.01.2025 and 08.02.2025 and with the Cyber Crime and Economic Offences Police Station on 10.02.2025, and a written complaint dated 31.08.2025 was given to the Commissioner of Police, Bhubaneswar on 01.09.2025; however, no documents on record showed the complaints had actually reached the Opposite Parties before 04.12.2025, when they were dispatched by speed post to Opposite Party Nos. 1 and 2 with receipts annexed. Considering the nature of the allegations and the annexures, the judge declined to issue any direction under Article 226 of the Constitution of India; relying on the Supreme Court decision in Sudhir Bhaskarrao Tambe v. Hemant Yashwant Dhage, (2016) 6 SCC 277, she disposed of the CRLMP granting the petitioner liberty to avail the alternate remedy available under law, if so advised. Urgent certified copy on proper application.

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IN THE HIGH COURT OF ORISSA AT CUTTACK

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CRLMP No. 58 of 2026

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Dr. Suraj Kumar Tripathy …. Petitioner

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Mr. Deepak Gochhayat, Advocate

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-versus-

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1. State of Orissa, represented through its Commissioner -cum- Secretary, Home Department, Bhubaneswar

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2. The Director General of Police,

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Cuttack

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3. Commissioner of Police, Bhubaneswar

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4. Inspector in-Charge, Mancheswar Police Station

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5. Inspector-in-Charge, Cyber Crime and Economic Offences Police Station, Bhubaneswar

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…. Opp. Parties Mr. Sarathi Jyoti Mohanty, Additional Standing Counsel

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CORAM:

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HON’BLE MISS JUSTICE SAVITRI RATHO

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Order No.

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ORDER 29.01.2026

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(Through hybrid Mode)

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1. This CRLMP has been filed for a direction to the Opposite Party Nos.4 and 5, to forthwith register the FIR on the basis of the Petitioner’s complaints and to conduct a fair, impartial and expeditious investigation in accordance with law and by taking all necessary steps including apprehension of the accused persons.

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Perusal of the averments in the CRLMP and the Annexures reveals that complaints had been given to the I.I.C., Mancheswar Police Station on 08.02.2025 and 30.01.2025 and

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Page 1 of 2

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I.I.C., Cyber Crime and Economic Offences Police Station on 10.02.2025. Thereafter, the Petitioner has submitted a written complaint dated 31.08.2025 before the Commissioner of Police, Bhubaneswar on 01.09.2025. But, there are no documents on record to show that the said complaints have actually been sent to the Opposite Parties before 04.12.2025. It is averred by the Petitioner that on 04.12.2025, the Petitioner approached the Opposite Party Nos. 1 and 2 by sending his complaints through speed post and the receipts are annexed to the CRLMP.

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In view of the nature of allegations and the documents annexed with the CRLMP, I do not consider that any direction should be issued to the Opposite Parties in exercise of power under Article 226 of the Constitution of India.

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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 him 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

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Digitally Signed Signed by: SUKANTA KUMAR BEHERA Designation: Senior Stenographer Reason: Authentication Location: Orissa High Court, Cuttack Date: 29-Jan-2026 20:09:25

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Dr. Suraj Kumar Tripathy v. State of Odisha

Case brief

What is this about?

What did the court decide?

Dr. Suraj Kumar Tripathy 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

Cases cited

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Procedural history

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