Orissa High Court
CRLMP/1285/2026 of SOMANATH SETHI Vs STATE OF ODISHA on 9 September 2026
of 2 IN THE HIGH COURT OF ORISSA AT CUTTACK CRLMP No.1285 of 2026 CNR No. ODHC010622762026 Somanath Sethi …. Petitioner Mr. S.K. Mahanty, Advocate -Versus- State of Odisha & another …. Opposite Parties Mr. Bibhu Prasad Nayak, AGA CORAM: MR. JUSTICE R.K. PATTANAIK Order No. ORDER
IN THE HIGH COURT OF ORISSA AT CUTTACK
CRLMP No.1285 of 2026
CNR No. ODHC010622762026
Somanath Sethi
….
Petitioner
Mr. S.K. Mahanty, Advocate
-Versus-
State of Odisha & another
….
Opposite Parties
Mr. Bibhu Prasad Nayak, AGA
CORAM:
MR. JUSTICE R.K. PATTANAIK
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Order
No.
ORDER
09.09.2026
01.
1. Heard Mr. Mahanty, learned counsel for the petitioner and State.
2. Instant CRLMP is filed by the petitioner for a direction to the opposite parties and particularly, Superintendent of Police, Ganjam at Chhatrapur to consider his complaint dated 14th March, 2024 within a stipulated period.
3. A copy of the complaint is at Annexure-1.
4. The complaint is also sent to DSP, Superintendent of Police, Ganjam at Chhatrapur as per Annexure-2 but according to Mr. Mahanty, learned counsel, there is no action, hence, the CRLMP.
5. Recorded the submission of Mr. Nayak, learned AGA for the State to the effect that the dispute is civil in nature, hence, no case is made out to register the complaint as FIR. In reply and response, Mr. Mahanty, learned counsel submits that the petitioner has been threatened with dire consequences by the accused named in the complaint i.e. Annexure-1 further alleging that paddy has been illegally removed and a case of theft is made out.
6. When there is rival claim of the parties over paddy and it is alleged that theft has been committed, no criminal action would lie since the very nature of dispute is civil but at the same time, without expressing anything on merits of the alleged complaint at Annexure-1, this Court is inclined to direct the IIC of Chhatrapur PS to examine the same and to take a decision in accordance with law without being influenced by the observation made hereinabove.
7. Accordingly, it is ordered.
8. In the result, the CRLMP stands disposed of with the direction as aforesaid. It is further directed that upon receiving a copy of the complaint i.e. Annexure-1, the IIC of the PS concerned shall examine it and thereafter, if in case, any cognizable offences alleged to have been committed by the accused named therein, to register it as FIR and to proceed with the case according to law.
9. Issue urgent certified copy of this order as per rules.
10. A copy of the order be handed over to the State for intimation and compliance.
(R.K. Pattanaik) Judge
T.Tudu Digitally Signed Signed by: THAKURDAS TUDU Reason: Authentication Location: OHC,CTC Date: 11-Sep-2026 12:06:23 Signature Not Verified