[Cites 7, Cited by 0]
Orissa High Court
Ashok Agarwal @ Kumar vs State Of Odisha on 6 February, 2026
IN THE HIGH COURT OF ORISSA AT CUTTACK
CRLMP No.22 of 2026
An application under Article 226 and 227 of the Constitution of India.
1. Ashok Agarwal @ Kumar
2. Sudha Agarwal .... Petitioners
-versus-
1. State of Odisha
2. The Director General of Police, Odisha,
Cuttack
3. The Superintendent of Police, Rourkela
The Inspector-in-Charge, Plantsite Police .... Opposite Parties
Station, Sundargarh
Advocates appeared in this case through Hybrid Mode :
For Petitioner : Mr. S.K. Baral,
Advocate
For Opposite Party : Mr. A.K. Apat, AGA
CORAM:
HON'BLE MISS JUSTICE SAVITRI RATHO
..................................................................................
Date of Judgment: 06.02.2026
...................................................................................
Savitri Ratho, J. This CRLMP has been filed praying for a direction to the
Opposite Parties more particularly Opposite Parties No.3 and 4 to
register the complaint lodged under Annexure-1 series and take up
proper investigation and provide appropriate protection to the
Petitioners as per law.
//2//
2. The instructions dated 05.02.2026 of the IIC, Plantsite
Police Station is produced by Mr. A.K. Apat, learned Additional
Government Advocate, where it has been stated that no report has
been filed by the Petitioners at the Plantsite Police Station for
registration of the case. On being contacted for filing of fresh report
for registration of the case, the Petitioners did not submit any report
for registration of a case against their son and daughter-in-law. The
said instructions are taken on record. It shall be scanned and
incorporated in the digital record.
SUBMISSIONS
3. Mr. S.K. Baral, learned counsel for the Petitioners
submits that the Petitioners are being harassed by their son and
daughter-in-law. It is the duty of the Police to ensure the wellbeing
and welfare of the Petitioners (as Petitioner No.1 is Senior Citizen) as
their son and daughter-in-law are causing disturbances in their
residence. The house is built on the self acquired property of the
petitioner.
He also submits that as the complaint dated 10.09.2025 of
the Petitioners had been sent by Speed Post to the IIC, Plantsite Police
Station on 09.11.2025, the Petitioners did not agree to submit a fresh
//3//
FIR on 05.02.2026 as per request of the Police, so the case may be
registered on the basis of the complaint dated 10.09.2025, sent on
09.11.2025.
STATUTORY PROVISION
4. The Maintenance and Welfare of Parents and Senior
Citizens Act, 2007 (in short 'the Act') has been enacted to provide for
more effective provisions for the maintenance and welfare of parents
and senior citizens. The Orissa Maintenance of Parents and Senior
Citizens Rules, 2009 (in short "2009 Rules") have come into force on
24th September, 2009.
The relevant provisions are extracted below:-
"Section 4. Maintenance of parents and senior citizens.
(1) A senior citizen including parent who is unable to
maintain himself from his own earning or out of the
property owned by him, shall be entitled to make an
application under section 5 in case of
(i) parent or grand parent, against one or more of
his children not being a minor,
(ii) a childless senior citizen, against such of his
relative referred to in clause (g) of section 2.
(2) The obligation of the children or relative as the
case may be, to maintain a senior citizen extends to the
needs of such citizen so that senior citizen may lead a
normal life.
//4//
(3) The obligation of the children to maintain his or
her parent extends to the needs of such parent either father
or mother or both, as the case may be, so that such parent
may lead a normal life.
(4) Any person being a relative of a senior citizen and
having sufficient means shall maintain such senior citizen
provided he is in possession of the property of such senior
citizen or he would inherit the property of such senior
citizen:
Provided that where more than one relatives are
entitled to inherit the property of a senior citizen, the
maintenance shall be payable by such relative in the
proportion in which they would inherit his property.
"Rule 19. Duties and powers of the District magistrate (1)
The District magistrate shall perform the duties and
exercise the powers mentioned in sub-rules (2) and (3) of
rule 19 so as to ensure that the provisions of the Act are
properly carried out in his district.
(2) It shall be the duty of the District Magistrate to, -
(i) ensure that life and property of senior citizens of
the district and they are able to live with security and
dignity; are protected
(ii) to look over and monitor the work of Maintenance
Tribunals and Maintenance Officers of the district with a
view to ensuring timely and fair disposal of applications for
maintenance, and execution of Tribunals' orders:
(iii) to look over and monitor the working of old age
homes in the district so as to ensure that they conform to the
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standards laid down in these rules, and any other guidelines
and orders of the State Government;
iv) ensure regular and wide publicity of the provisions
of the Act, and Central and State Governments' programmes
for the welfare of senior citizens;
(v) encourage and co-ordinate with panchayats,
municipalities, Nehru Yuwa Kendras, educational
institutions and especially their National Service Scheme
Units, organisations, specialists, experts, activists, etc.
working in the district so that their resources and efforts are
effectively pooled for the welfare of senior citizens of the
district;
(vi) ensure provision of timely assistance and relief to
senior citizens in the event of natural calamities and other
emergencies;
(vii)ensure periodic sensitization of officers of various
Departments and Local Bodies concerned with welfare of
senior citizens, towards the needs of such citizens, and the
duty of the officers towards the latter;
(viii) review the progress of investigation and trial of
cases relating to senior citizens in the district, except in
cities having a Police Commissioner;
(ix) ensure that adequate number of prescribed
application forms for maintenance are available in offices of
common contact for citizens like Panchayats, Post Offices,
Block Development Offices, Tahasil offices, Collectorate,
Police Stations;
(x) promote establishment of dedicated Helplines for senior
citizens at district headquarters, to begin with; and
//6//
20. Action plan for the protection of life and
property of senior citizens
(1) The Superintendent of Police, and in the case of
cities having a Police Commissioner, such Police
Commissioner shall take all necessary steps, subject to such
guidelines as the State Government may issue from time to
time, for the protection of life and property of senior
citizens.
(2) Without prejudice to the generality of sub-rule (1),
-
(1) each police station shall maintain an up-to-date
list of senior citizens living within its jurisdiction, especially
those who are living by themselves (i.e. without there being
any member in their household who is not a senior citizen);
(ii) a representative of the police station together, as
far as possible, with a social worker or volunteer, shall visit
such senior citizens at regular intervals of atleast twice a
month, and shall, in addition, visit them as quickly as
possible on receipt of a request of assistance from them, and
only:
(iii) complain/problems of senior citizens shall be
promptly attended to, by the local Police:
(iv) One or more Volunteers' Committee(s) shall be
formed for each Police Station which shall ensure regular
contact between the senior citizens, especially those living
by themselves, on the one hand, and the police and the
district administration on the other;
(v) the Superintendent of Police or, as the case may
be, the Police Commissioner shall cause to be publicised
//7//
widely in the media and through the Police Stations, at
regular intervals the steps taken for the protection of life
and property of senior citizens;
(vi) each Police Station shall maintain a separate
register containing all important particulars relating to
offences committed against senior citizens, in such form as
the State Government may, by order, specify,
(vii) the register referred to in clause (vi) shall be kept
available for public inspection, and every officer inspecting
a Police Station shall invariably review the status as
reflected in the register,
(viii) the Police Station shall send a monthly report of
such crimes to the Superintendent of Police by 10th day of
every month;
(ix) list of Do's and Don'ts to be followed by senior
citizens in the interest of their safety will be widely
publicized;
(x) antecedents of domestic servants and others
working for senior citizens shall be promptly verified, on the
request of such citizens;
(xi) Community policing for the security of senior
citizens will be undertaken in conjunction with citizens
living in the neighbourhood. Residents' Welfare Government
Organisations; Associations, Youth Volunteers Non-
(xii) the Superintendent of Police shall submit to the
Director General of Police and to the District Magistrate, a
monthly report by the 20th of every month, about the status
of crime against senior citizens during the previous month,
including progress of investigation and prosecution of
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registered offences,, and preventive steps taken during the
month;
(xiii) the District Magistrate shall cause the report to
be placed before the District-level Co-ordination-cum-
Monitoring Committee constituted under rule 22.
(xiv) The Director General of Police shall cause the
reports submitted under clause (xii) to be compiled, once a
quarter, and shall submit them to the State Government
every quarter as well as every year for, inter alia, being
placed before the State Council of Senior Citizens
constituted under rule 21."
ANALYSIS AND CONCLUSION
5. The Speed Post receipt has been filed along with this
CRLMP, so the complaint must have been received by the IIC,
Plantsite Police Station, as it is not their case that the empty envelope
send through Speed Post was received. Copy of the complaint has
been annexed to this CRLMP along with receipt of the Speed Post.
As the complaint discloses a cognizable offence, it is the duty of the
Police to register the case and investigate into the same instead of
insisting that the complainant submit a fresh complaint.
6. As per Section 4 (2) of the 2007 Act, it is the obligation
of the children of Senior Citizen residing in their house to ensure that
their parents are looked after and they lead a normal life.
7. It has been stated that the son and daughter-in-law of the
//9//
Petitioners are staying in the house of the Petitioners. It has been
alleged that instead of taking care of the petitioners, they are allegedly
harassing the Petitioners.
8. As per the 2007 Act and 2009 Rules, it is the duty of the
Superintendent of Police to ensure the wellbeing of all Senior Citizens
under his jurisdiction. In the present case the son and daughter-in-law
of the petitioners are residing with them, but since they are allegedly
harassing the Petitioners instead of looking after their welfare, it is the
duty of the local police to ensure the welfare of Petitioner No.1 who is
a Senior Citizen. For the said purpose, they can also assist Petitioners
to get the son and daughter-in-law evicted, if by initiating appropriate
proceeding under the 2007 Act.
9. If the dispute with their son and daughter-in-law is not
settled, it is open to the petitioner to take steps for their eviction as
provided in the 2007 Act and 2009 Rules.
10. With these observations, the CRLMP is disposed of.
11. Urgent certified copy of this order be granted on proper
application.
......................
(Savitri Ratho)
Signed by: PUSPANJALI Orissa High Court, Cuttack
MOHAPATRA th
Reason: AuthenticationDated the 06 February, 2026/Puspa
Location: Orissa High Court
Date: 10-Feb-2026 20:42:26
