Orissa High Court
CRLMP/800/2026 of M/S. APACE CONSTRUCTION PVT.LTD., BALASORE Vs STATE OF ODISHA on 2 July 2026
of 2 IN THE HIGH COURT OF ORISSA AT CUTTACK CRLMP No.800 of 2026 M/s. Apace Construction Pvt. Ltd. …. Petitioner Mr. Laxman Pradhan, Advocate -versus- 1.State of Odisha 2.Superintendent of Police, Balasore 3. The IIC, Nilgiri PS, Balasore 4.Tahasildar, Nilgiri, Balasore …. Opp.
IN THE HIGH COURT OF ORISSA AT CUTTACK
CRLMP No.800 of 2026
M/s. Apace Construction Pvt. Ltd.
….
Petitioner
Mr. Laxman Pradhan, Advocate
-versus-
1.State of Odisha
2.Superintendent of Police, Balasore
3.The IIC, Nilgiri PS, Balasore
4.Tahasildar, Nilgiri, Balasore
….
Opp. Parties
Mr. Sarathijyoti Mohanty,
Additional Standing Counsel
CORAM:
HON’BLE MISS JUSTICE SAVITRI RATHO
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ORDER
Order No.
01. 02.07.2026
(Through hybrid Mode)
1. This CRLMP has been filed to direct the Opposite Party No.3 to register the FIR dated 24.04.2026 and 08.05.2026, which has been supported by the Tahasildar, Nilgiri vide his letter dated 02.05.2026.
2. This is a strange case where as per the averments in the CRLMP, the machinery and some material belonging to the Petitioner company had been seized by the Tahasildar, Nilgiri way back in 2022. While they were in the custody of the Tahasildar, miscreants have stolen away the material and machinery. But no FIR was lodged by the Tahasildar. Instead the Tahasildar has forwarded the copy of the FIR of the Managing Director of the Petitioner’s company to the IIC, Nilgiri Police Station asking him to register the same.
3. Since, as per the averments in the CRLMP, the machinery and materials were admittedly not in the custody of the Petitioner as they had been seized by the Tahasildar, FIR should have been lodged by the Tahasildar.
4. Hence, the CRLMP is disposed of granting liberty to the Petitioner to avail of alternate remedy which is available to him and/or to approach the Tahasildar to take steps for registration of the FIR, if no FIR has been registered in the meanwhile.
(Savitri Ratho)
Judge
Subhalaxmi
Digitally Signed Signed by: SUBHALAXMI PRIYADARSHANI SAHOO Reason: Authentication Location: Orissa High Court, Cuttack Date: 09-Jul-2026 18:32:18 Signature Not Verified