IN THE HIGH COURT OF ORISSA AT CUTTACK
SAVITRI RATHO, J.
Abhijeet Acharya - Petitioner
Versus
State of Odisha - Opposite Party
CRLMP No. 109 of 2026
Decided On : 26-02-2026
| Table of Content |
|---|
| 1. instructions received from police on the grievance (Para 2 , 3 , 4) |
| 2. allegations of harassment and police misconduct (Para 5 , 6) |
| 3. orders passed by ohrc and rti act findings (Para 8 , 9 , 10) |
| 4. petitioner must pursue other available remedies (Para 11 , 12) |
| 5. importance of voluntary settlements (Para 15 , 16) |
JUDGMENT :
Savitri Ratho, J.
This CRLMP has been filed with the following prayer:
“The Petitioner, therefore, humbly prays that Your Lordships may graciously be pleased to:
Admit this Petition
Direct the concerned police officials not to interfere with the Petitioner's right to live in peace and dignity, and to refrain from taking any illegal action against the Petitioner under the guise of unofficial complaints or otherwise;
Direct the preservation and production of CCTV footage from the concerned police station relating to the alleged incident;
Direct an independent inquiry into the harassment and abuse of authority by the concerned police officials;
Pass such other appropriate direction/directions, or order/orders as may be deemed just and proper in the facts and circumstances of the case.
And any other order/orders as this Hon'ble Court deem fit be passed;
And for this act of kindness, the petitioner as in duty bound.”
2. As this Court found that the alleged incident took place in February, 2024 and the Petitioner has approached various fora and authorities in the meanwhile, on the last date i.e. 12.02.2026, the learned Additional Standing Counsel was directed to obtain instructions from Opposite Party Nos.2, 3 and 4.
3. Mr. S.J. Mohanty, learned Additional Standing Counsel submits that instructions have been received only from Opposite Party No.2, the IIC, Shree Lingaraj Police Station and he produces the same. It appears that there has been no response from Opposite Parties No. 3 and 4, nor have they sought for time for submitting instructions/ their response.
4. The instructions of the IIC, Shree Lingaraj Police Station are extracted below:
“With reference to the subject cited above I have the honour to submit the report in compliance with CRLMP No-109 of 2026 filed by Abhijit Acharya that on 24.02.2024 the opposite party namely Biswajit Mallick, Prop. of AD Fitness GYM centre came to PS and alleged that the petitioner Abhijit Acharya was a customer of his gym centre but due to some disturbance he has cancelled his membership but keeping grudge for that reason Abhijit Acharya is sharing bad message falsely in Google review of the GYM site with an intention to blame the GYM brand. He also requested to inform Abhijit Acharya to stop the sharing of this type of message and stop blaming the GYM centre. On this allegation Lingaraj PS GDE No-19, Dt. 24.02.2024 was entered for necessary enquiry. Subsequently Abhijit Acharya was intimated regarding the allegation against him and also called to PS for necessary enquiry about the allegation. Next day i.e on 25.02.2024 the both parties appeared at PS and attend the enquiry. Accordingly both parties amicably settled their dispute in presence of their relatives and also gave in writing to police regarding their amicable settlement and the fact was also entered in station diary vide Lingaraj PS GDE No-20, Dt. 25.02.2024. All the station diary copies and amicably settlement report made between both parties have been already attached by the petitioner in his petition. But later on the petitioner Abhijit Acharya started making false allegation against police only to harash the police.
It is pertinent to mention here that the petitioner Abhijit Acharya and his mother have approached several forums like OHRC, OIC for redressal of their grievance and upon their prayer the Hon'ble OHRC and Hon'ble OIC have passed reasoned speaking orders in the above matter.
This is for favour of your kind perusal.”
SUBMISSIONS
5. I have heard Mr. Debasis Debadarshan, learned counsel for the Petitioner and Mr. Sarathi Jyoti Mohanty, learned Additional Standing Counsel for the State and perused the ord
AI
Amicable settlements must be voluntary and free from coercion; police should ensure no undue pressure, with recordings maintained for disputes.
Fabrication and backdating of documents, non-functioning of CCTV cameras in police stations
A petition cannot proceed in parallel with existing judicial proceedings on the same matter; courts should refrain from intervening when adequate remedies exist.
Police actions must comply with constitutional safeguards to protect citizens' fundamental rights; any deviation leads to potential accountability.
The main legal point established is that the writ of certiorari is issued to correct errors of jurisdiction, and the protection of human rights is a fundamental aspect of the legal framework.
The court mandated that all police stations in Odisha must install functional CCTV systems by 31-03-2025 to enhance accountability and address human rights violations against armed forces personnel.
The court upheld lower courts' discretion in denying FIR registration, ruling that the petitioner had sufficient evidence and means to substantiate his claims without police assistance.
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