Citation : 2026 Latest Caselaw 1069 Ori
Judgement Date : 6 February, 2026
IN THE HIGH COURT OF ORISSA AT CUTTACK
CRLMP No. 178 of 2026
Satyaban Behera .... Petitioner
In person
-versus-
1. State of Odisha
2. Superintendent of Police,
Khordha
3. Inspector-in-charge,
Begunia Police Station,
Khordha
4. Subhashree Asrayalata Das
5. Subhranshu Jagat Mohan
Das @ Babei
6. Prithwiraj Das @ Raja .... Opposite Parties
Mr. Sarathi Jyoti Mohanty,
Additional Standing Counsel
CORAM:
THE HON'BLE MISS JUSTICE SAVITRI RATHO
ORDER
06.02.2026 Order No.
01. (Through hybrid mode)
1. This CRLMP was listed on special notice on being mentioned by the Petitioner in person in the first hour.
2. The CRLMP has been filed with the following prayer.
"1. Admit this CRLMP and.issue notice to the Opp. Parties.
II. Issue a writ of mandamus or any other appropriate writ, order, or direction restraining OP
(Subhranshu Jagrat Mohan Das @ Babei) and OP No. 6 (Prithwiraj Das @ Raja) from entering, visiting, or causing threat, assault, harassment, public nuisance, or any disturbance at the petitioner's house and village, situated at Vill-Brahmapura (Kochiakhal), Po-Parichhal P.S. Begunia, District Khordha, Odisha, in any manner Interfering in the peaceful possession and life of the Petitioner and his family, till the final disposal of all criminal cases pending between the parties. whatsoever, except with due permission of a competent court of law.
III. Direct OP No.3 (Inspector-in-Charge, Begunia Police Station) to take immediate and effective action, including arrest and initiation of coercive proceedings in accordance with law, if OP Nos. 4, 5, and 6 violate the restraint order or attempt to enter the petitioner's house or village and cause intimidation, trespass, or breach of peace.
IV. Direct OP No.2 (Superintendent of Police, Khordha) to supervise and monitor the matter, and to ensure that the Inspector-in-Charge/OP No.3 promptly and strictly complies with the directions of this Hon'ble Court and takes immediate necessary action without delay or dereliction of duty.
V. Direct OP Nos. 1 to 3 to ensure continuous protection of the life, liberty, and dignity of the petitioner and his family members, and to prevent any
recurrence of criminal intimidation, assault, or public nuisance by OP Nos. 4, 5 & 6.
VI. Pass such other order(s), direction(s), or relief(s) as this Hon'ble Court may deem fit and proper in the facts and circumstances of the case, in the interest of justice and to secure the ends of justice."
3. The Petitioner Satyaban Behera appears in person. His grievance is that he is serving in the CISF Unit ATPP, Anpara, District Sonbhadra, Uttar Pradesh. Opposite Party No.4 (who claims to be his wife and mother of his child) and her two brothers are creating disturbances whenever he comes to his village on leave, for which he is unable to enter his house and meet and look after his aged parents. As a result of disturbances created by the Opposite Party No.4, on the complaint of the Petitioner's sister, Begunia P.S. Case No.375 of 2023 was registered against Opposite Party No.4 for commission of offences punishable under Sections 448, 294, 323 and 506 of the IPC and after investigation, charge-sheet has been submitted. On the basis of FIR lodged by his parents, another case Begunia P.S. Case No.47 of 2025 has been registered against Opposite Party Nos.4, 5 and 6 in which investigation is pending. He also submits that by submitting false declarations and complaints before different authorities, Opposite Party No.4 is trying to establish that she is the married wife of the Petitioner and that her daughter Dibyansha Priyadarshini Das is their child and is harassing him. Begunia P.S. Case No.259 of 2023 has been registered against the Petitioner and his family members on the complaint of the
Opposite Party No.4 and charge-sheet dated 30.12.2023 has been submitted against him and his sister Rajani Behera for the offences under Sections 498-A, 323, 341, 506, 34 of the IPC and Section 4 of the D.P. Act.
4. In an application under Article 226 of the Constitution of India, the challenge of the Petitioner to the claim of the Opposite Party No.4 to be his wife cannot be considered. This can be challenged in the appropriate forum in appropriate proceedings.
5. But as the Petitioner has alleged that he is unable to enter his house in his village on account of disturbances created by the Opposite Party Nos.4, 5 and 6 and is unable to meet his aged parents and look after them, the I.I.C. of Begunia Police Station is directed to extend protection to the Petitioner to enable him to enter his house and meet his parents.
6. The I.I.C. will act on the instructions of Mr. S.J. Mohanty, learned Additional Standing Counsel or on production of the downloaded copy or the certified copy of this order.
7. List this case on 18.02.2026 to enable Mr. S.J. Mohanty, learned Additional Standing Counsel to obtain instructions.
8. Urgent certified copy of this order be granted on proper application in course of the day.
(Savitri Ratho) Judge
RKS
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