ORISSA HIGH COURT
G. Satapathy, J.
Prajna Prakash Nayak v. State of Odisha
Crl. M. P. No. 107 of 2025
1. The petitioner by way of this writ petition under Art.226 & Art.227 of the Constitution of India prays for a direction for Crime Branch investigation in the matter and to take action against the accused persons in accordance with law post registration of FIR by Mancheswar Police Station and to initiate proceedings against all erring officials for their willful and deliberate disobedience to the Court's order.
2. The facts in gist are the petitioner and his wife claiming themselves to be the victims of fraud, forgery and cheating of Rs.6.2 crores had approached the Infocity Police Station and accordingly, Infocity FIR No. 252 of 2021 and Airfield FIR No. 265 of 2021 were registered against one Rajeev Lochan Das along with others, but it is alleged that during the pendency of investigation these two cases, the then DCP, Bhubaneswar tried to influence the petitioner and his wife by calling to the Police Station and calling over on Whatsapp call to withdraw the two cases and get into a compromise with the accused of these two cases which in fact the petitioner and his wife did not entertain and, therefore, in the process the police officials of the then Commissionerate Police, which includes Addl. DCPs, the then IIC Lingaraj PS, IIC Infocity PS and SI of Police pressurized the petitioner and his wife on different occasions to compromise in this case under the active instruction of the then DCP. The aforesaid police personnel in the process had abducted the petitioner at gun point and kept him in unlawful detention and tortured him and his wife mentally and physically by abusing, giving death threats and terrorizing them by trespassing into their house. Due to the aforesaid incident, not only the petitioner, but also his family members suffer mentally and their minor daughter developed some Neurological disease and taken to NIMHANS, Bangalore for her treatment. On this incident, despite approaching the IIC, Mancheswar, DCP and even the CP Multiple times, the written report of the petitioner has not yet been registered as FIR and thereby the petitioner lodged two e - FIRs. Last time on 4th August, 2024, the petitioner has not only given written complaint to the IIC, Macheswar PS, but also has lodged an e - FIR and has also sent the copy of the written complaint by Speed Post to the IIC, Mancheswar PS and the DCP, Bhubaneswar and has also sent the same through e - mail to the IIC, Mancheswar PS and other senior officers, but everything was in vain. Finding no way out, the petitioner ultimately approached the learned JMFC - II, Bhubaneswar with a complaint which was registered as ICC Case No. 7679 of 2024 and the learned JMFC - II, Bhubaneswar being satisfied in the matter by way of an order passed on 09.10.2024 in ICC Case No. 7679 of 2024 sent the complaint of the petitioner to the concerned IIC U/S.175(3) of the Bharatiya Nagarik Suraksha Sanhita, 2023 ( in short, 'BNSS') for registration of an FIR and investigation in the matter, but till date no FIR has yet been registered as claimed by the petitioner and thereby the petitioner has approached this Court in the present CRLMP.
3. In the course of hearing, Mr. Himanshu Sekhar Mishra, learned counsel for the petitioner by inviting attention of the Court to the order passed by the learned JMFC - II, Bhubaneswar submits that despite the order passed by the competent Court, the police has not yet registered the complaint of the petitioner as an FIR and the IIC of Mancheswar PS in utter disregard & defiance to the order of the said Court has even not turned up before it despite order for his personal attendance for not registering the FIR, but such defiance of the IIC was communicated to the DCP who was also instructed for quick registration of the complaint as FIR U/S.175(3) of BNSS, but in vain. Mr. Mishra, however, by condemning the action of the police for defying the order of the Court has termed the action of the State Authority in the parlance of 'soft state' and he prays to
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