Orissa High Court
CRLMP/824/2026 of BHUBAN CHANDRA SAHOO Vs STATE OF ODISHA on 10 July 2026
of 3 IN THE HIGH COURT OF ORISSA AT CUTTACK CRLMP No. 824 of 2026 Bhuban Chandra Sahoo …. Petitioner Mr. Sidharth Parida, Advocate -versus- 1.State of Odisha 2.Superintendent of Police, Bhadrak 3.I.I.C., Dham Nagar Police Station, Bhadrak …. Opp. Parties Mr. A . K. Apat, Additional
IN THE HIGH COURT OF ORISSA AT CUTTACK
CRLMP No. 824 of 2026
Bhuban Chandra Sahoo
….
Petitioner
Mr. Sidharth Parida, Advocate
-versus-
1.State of Odisha
2.Superintendent of Police, Bhadrak
3.I.I.C., Dham Nagar Police Station,
Bhadrak
….
Opp. Parties
Mr. A. K. Apat,
Additional Government Advocate
CORAM:
HON’BLE MISS JUSTICE SAVITRI RATHO
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ORDER
Order No.
01. 10.07.2026
(Through hybrid Mode)
1. This Petitioner has approached this Court with a prayer for a direction to the Principal Opposite Parties to proceed with registration of Annexure-1 as FIR and proceed with the investigation of the case.
2. Mr. Parida, learned counsel for the Petitioner submits that as the complaint of the Petitioner dated 23.05.2026 at Annexure-1 was not registered, he had submitted the complaint on the portal of the Orissa, Police addressed to Dhamnagar, Bhadrak on 24.05.2026. Thereafter, the Petitioner has sent a grievance/complaint to the SDPO, Jaynagar as well as the
Superintendent of Police, Bhadrak by speed post. When no case was registered, he has approached this Court.
3. The Supreme Court in the case of Sudhir Bhaskarrao Tambe v/s Hemant Yashwant Dhage and Others : (2016) 6 SCC 277, has held as follows : -
“2. This Court has held in Sakiri Vasu v. State of U.P.:(2008) 2 SCC 409, that if a person has a grievance that his FIR has not been registered by the police, or having been registered, proper investigation is not being done, then the remedy of the aggrieved person is not to go to the High Court under Article 226 of the Constitution of India, but to approach the Magistrate concerned under Section 156 (3) CrPC. If such an application under Section 156 (3) CrPC is made and the Magistrate is, prima facie, satisfied, he can direct the FIR to be registered, or if it has already been registered, he can direct proper investigation to be done which includes in his discretion, if he deems it necessary, recommending change of the investigating officer, so that a proper investigation is done in the matter. We have said this in Sakiri Vasu case (2008) 2 SCC 409, because what we have found in this country is that the High Courts have been flooded with writ petitions praying for registration of the first information report or praying for a proper investigation.
3. We are of the opinion that if the High Courts entertain such writ petitions, then they will be flooded with such writ petitions and will not be able to do any other work except dealing with such writ petitions. Hence, we have held that the complainant must avail of his alternate remedy to approach the Magistrate concerned under Section 156 (3) CrPC and if he does so, the Magistrate will ensure, if prima facie he is satisfied, registration of the first information report and also ensure a proper investigation in the matter, and he can also monitor the investigation.”
4. After hearing Mr. Parida, learned counsel for the Petitioner and perusing the averments in the CRLMP, as the Petitioner has alternative remedy, the CRLMP is disposed of granting liberty to the Petitioner to avail the alternative remedy which is available to him.
5. Urgent certified copy of the order be granted on proper application.
(Savitri Ratho)
Judge
Subhalaxmi
Digitally Signed Signed by: SUBHALAXMI PRIYADARSHANI SAHOO Reason: Authentication Location: Orissa High Court, Cuttack Date: 10-Jul-2026 20:36:09 Signature Not Verified