Nirmala Mallick vs State Of Odisha
2026 Latest Caselaw 2588 Ori

Orissa High Court

Nirmala Mallick vs State Of Odisha on 18 March, 2026

                 IN THE HIGH COURT OF ORISSA AT CUTTACK
                                 CRLMP No. 314 of 2026
             Nirmala Mallick                            ....              Petitioner
                                                                             None
                                            -versus-
            1. State of Odisha
            2. Inspector-in-Charge, Erasama
               Police Station, Jagatsinghpur
                                                        ....        Opposite Parties
                                                             Mr. Amitabh Pradhan,
                                                       Additional Standing Counsel
            CORAM:
              THE HON'BLE MISS JUSTICE SAVITRI RATHO
                                           ORDER

18.03.2026 Order No.

01. (Through hybrid mode)

1. This CRLMP has been filed for issue of direction to

Opposite Party No.2-IIC, Erasama Police Station to act upon the FIR

in Ersama P.S. Case No.382 of 2025 and apprehend the accused as

per law.

2. None appears for the Petitioner when the matter is called.

3. Perusal of the CRLMP reveals that Ersama P.S. Case

No.382 of 2025 has been registered on 23.10.2025 under Sections

316(2), 318(2), 318(4), 296, 115(2), 351(2) and 3(5) of the BNS

against Bharati Pradhan, Kumarabara Pradhan and Harekrushna

Pradhan.

4. In the list of dates and events in the CRLMP, it has been

mentioned as follows:

"Copy of the FIR dated 23.10.2025 (Annexure-1)."

Although this list of dates is defective but no defect has

been shown by the Stamp Reporter.

5. Mr. Amitabh Pradhan, learned Additional Standing

Counsel produces the instructions dated 10.03.2026, addressed to the

learned Advocate General, Odisha, Cuttack, which is taken on

record.

6. Perusal of the instructions reveals that the FIR has been

registered on the basis of direction of the learned JMFC, Ersama in

1CC Case No.35 of 2025. It has also been found that the accused

and the informant are neighbours and there has been quarrel between

them regarding claim over land and meeting have been held by the

village Panch for settlement of the matter and as per the decision of

the village Panch, the accused persons were to vacate the said land

as the said land is Anabadi land situated over Plot No.727/1872. The

allegation of the Petitioner are found to be false and fabricated and

she has filed 1CC on being instigated by some local touts to put

pressure on the accused persons.

7. The offences for which the case has been registered reveals

that they are punishable for sentence up to seven years only. So, the

question of issuing a direction for arrest of the accused does not

arise.

8. Be that as it may, as it appears that investigation is in

progress, no direction is necessary to be issued in this CRLMP. The

CRLMP is accordingly disposed of without issuing any direction to

the Opposite Parties.

(Savitri Ratho) Judge RKS