CRLMP/742/2026 of GOBARDHAN SWAIN Vs STATE OF ODISHA on 2 July 2026

ORDER

Order No. 02.07.2026

(Through Hybrid Mode)

03.

1. This CRLMP has been filed for a direction to the Opposite Parties No. 2 and 3 to register the FIR lodged by the Petitioners on 29.05.2026 and investigate into the case properly as it reveals cognizable offences and take steps for protection of the Petitioners as Petitioner No.1 is a senior citizen and is an entitled to protection under the Maintenance and Welfare of Parents and Senior Citizen's Act, 2007 and the Orissa Maintenance and Welfare of Parents and Senior Citizens Rules, 2009 (in short “2009 Rules”).

2. Mr. Amitabh Pradhan, learned Additional Standing Counsel produces the instructions dated 29.06.2026 of the I.I.C., Marakatnagar Police Station, where it is stated as follows:- “With due respect, it is humbly submitted that on 21.05.2026, Shri Gobardhan Swain, accompanied by his wife, son and daughter-in-law, appeared before Markatnagar Police Station and orally reported that certain disputes had arisen amongst the family members regarding their joint residence in the same house. Subsequently, the daughter of Shri Gobardhan Swain also appeared before the Police Station. They amicably resolved the dispute. Shri Gobardhan Swain expressed his unwillingness to permit his son, Shri Gautam Kumar Swain, to continue residing in his house and requested him to vacate the premises. The police, with a view to maintaining peace and tranquillity, advised the parties accordingly.

It is further respectfully submitted that on 29.06.2026, Shri Gobardhan Swain again appeared before the Police Station and enquired as to why his son and daughter-in-law had not yet vacated the house. He was informed that the dispute relating to occupation or possession of the residential premises is civil in nature and does not confer any authority upon the police to evict any person or enforce civil rights. Accordingly, Shri Gobardhan Swain was advised to seek appropriate relief before the competent Court or other forum having jurisdiction. in accordance with law.

It is further submitted that, subsequently, it has been learnt that Shri Gautam Kumar Swain and his wife have vacated the residential house of Shri Gobardhan Swain. At no point of time did any cognizable offence or law and order situation arise warranting coercive police action in the matter.”

3. Since the FIR in question has been lodged against the son of the Petitioner, but the son of the Petitioner has in the meanwhile vacated the residential premises and a general diary entry has been made in respect of the complaint given by the Petitioner on 21.05.2026, I do not consider it in the interest of justice to direct that any FIR should be registered against the son of the Petitioner right now.

4. However, in case of receipt of any allegation in the future regarding ill-treatment or harassment by Gautam Kumar Swain, case may be registered against him.

5. In view of the provisions of Rule 20 of the 2009 Rules, the Opposite Party No.2 - Deputy Commissioner of Police, UPD, Cuttack and Opposite Party No.3 - Inspector-in-Charge, Markatnagar Police Station, Cuttack, should respond promptly to any complaint of the Petitioner No.1 who is a senior citizen.

6. With this observation, the CRLMP is disposed of.

7. Urgent certified copy of this order be granted on proper application.

(Savitri Ratho)

Judge

Sukanta Digitally Signed Signed by: SUKANTA KUMAR BEHERA Designation: Senior Stenographer Reason: Authentication Location: Orissa High Court, Cuttack Date: 03-Jul-2026 21:25:20 Signature Not Verified