Savitri Ratho, J.

This CRLMP has been filed to direct the Opposite Party No.3 to register the FIR and to cause investigation thereunder.

ALLEGATION

The allegation of the petitioner is that on 26.12.2025, she had lodged the complaint/F.I.R. before the police alleging therein that on 26.12.2025 some unknown persons forcibly kidnapped her son namely Debiprasad Das aged about 42 years with an intention to kill him. Her son had previous dispute with some local people of Garajanga under the Marshaghai PS. and such antisocial people murdered her son. He never returned to her house since 26.12.2025. But, the police officer refused to register FIR and trace out her son. He assaulted the petitioner by fist blow and kick blow mercilessly and scolded her in filthy languages and threatened her with dire consequences. He only made an entry in the Diary. The Copy of the Diary Entry No-24508043250120 is annexed as Annexure-1.

SUBMISSION

Mr. P. C. Dash, learned counsel for the petitioner submits that the petitioner is an old lady aged about 65 years and she had submitted report before the police stating that unknown persons had kidnapped her son, as he had previous dispute with some local people, but the police did not register any FIR and till date her son has not been traced. The learned counsel for the petitioner submits that case should have been registered against unknown persons regarding kidnapping of the son of the petitioner on the basis of the information given by her to the IIC on 26.12.2025 and investigation conducted in to the matter, but they have only made Station Diary Entry. He relies on the decision in the case of Lalita Kumari vs. Govt. of UP reported in (2014) 2 SCC 1 in support of his submission.

Mr. S. J. Mohanty, learned Additional Standing Counsel produces the instructions dated 22.04.2026 of the IIC, Marsaghai Police Station as well as the copy of the missing person Registration No. 120 of 2025 of Marsaghai Police Station along with the copy of the information dated 26.12.2025 submitted by the petitioner to the IIC, Marsaghai Police Station on the basis of the which MMR 120 of 2025 has been registered.

Mr. S. J. Mohanty, learned Additional Standing Counsel relying on the instructions dated 22.04.2026 of the IIC, Marsaghai Police Station submits that on 26.12.2025 the petitioner along with her younger son Babu Prasad Das had appeared in the Police Station and submitted a report stating that on 17.12.2025 her elder son Litu @Debiprasad Das had left the house by taking TVS Star City motorcycle of her younger son Babuprasad Das bearing regd. No. OR05AC7808 but did not return to home. As he had no cellphone, he could not be contacted. Although they searched for him but they could not trace him. Basing on such report, Marshaghai PS MMR(Man Missing Registration) No. 120 dated 26.12.2025 has been registered and SI P.K Kandulna was enquiring into the matter. The copy of missing person acknowledgement was granted to the petitioner and VHF message has been sent to all IIC/OIC of Police stations and out post of Odisha vide RM No. 2806 dt.26.12.2025 regarding missing of Litu @Debiprasad Das with TVS Star City motorcycle bearing regd. No. OR05AC7808 to keep sharp look out for him. Prayer has also been made to the SP, Kendrapara for Draft CIG publication of the MMR report on 01.02.2026 for tracing the missing person. During enquiry, spy was also engaged to find out any clue about the missing person, but with no fruitful result. Probable places were searched. Associates, friends and relatives of the missing person were contacted, but they could not give any clue about his present whereabouts. It is also stated that Litu @Debiprasad Das is a hardcore criminal and involved in series of cases like, murder dacoity, Robbery, extortion, Arms Act in different Police Stations and the details of the same have been indicated in the instruction and after being released on bail, it is possible that he may have absconded from the locality to avoid