Petitioner and Mr. Saroj Kumar Rout, learned Additional
Standing Counsel.
2. This CRLMP has been filed with the following prayer:-
(i) To Admit and allow the Crl.M.P and call
the record from Opp. Party No. 2 and 3.
And
(ii) To issue rule NISI calling upon the Opp.
parties for filing show cause, if the OPs fails to
file show cause or I file insufficient cause, then
the rule may be made absolute against the Opp.
Party No 2 and 3.
And
(iii) To issue writ of Mandamus directing to the
opp. Party No 2 and 3 to register the FIR under
Annexure- 1 and investigate the matter by
arresting the accused persons (O.P. No. 4 to 13)
as narrated in the Annexure-1, within a stipulated
period and provide security to the petitioner and
his family member during harvest of cashew nuts.
And
(iv) To pass any other order(s), relief(s),
direction(s) your lordships deem fit and proper
for the interest of justice, equity and fair play;
And for this act of kindness the petitioner
as in duty bound shall ever pray."
3. Mr. Satrughna Dash, learned counsel for the Petitioner
submits that the Petitioner is a poor person from economically
backward section and he has submitted a formal complaint
against a group of individuals who have formed a caucus under
the banner of "Lok Sangram Manch", a Naxal Organization and
their principal activities is how to exploit poor farmers and usurp
their usufructs and they had attacked him with different type of
weapons in order to terrorize the Petitioner and steal the cashew
nuts in broad daylight, but till date the FIR has not been
registered. He also submits that the incident occurred at the time
of procuring the cashew nuts from his cashew orchard located
over Khata No. 60 in Mouza- Aramada total area Ac. 1.900 dec.
on 10.04.2025. He further submits that the Petitioner went to the
Kashinagar Police Station on 11.04.2025 to lodge FIR, but after
he found that the same has not been registered, he sent a
complaint / representation to the S.P., Gajapati by speed post on
19.09.2025. The copy of the FIR has been annexed as Annexure-
1 and copy of the petition sent to the S.P. has been annexed as
Annexure-2.
4. Mr. Saroj Kumar Rout, learned Additional Standing
Counsel produces the instructions dated 15.03.2026 of the
Superintendent of Police, Gajapati. The relevant portion are
extracted below:-
"1. That, in response to averment made in Para-I,
it is humbly submitted that the petitioner
challenges the inaction of O.P No.3 i.e. Inspector
-in-Charge Kashinagar P.S who has not yet
entertained his written FIR submitted on
11.04.2025. But he has not submitted any written
report attracting commission of any cognizable
offence and the allegation made thereof is humbly
denied on the following grounds;
(A) That the Hon'ble Court of Senior Civil Judge,
Paralakhemundi in order dated 27.03.2025
arising out of Civil suit case No 06 of 2022 and
Execution of decree in execution petition No.
02/2024 to provide 10 APR personnel and S.I of
Police for the period from 07.04.2025 to
25.04.2025 on payment mode by the petitioner to
undertake smooth harvesting their cashew nuts.
(B) That in obedience to the order of the Hon'ble
Court and deposit of required amounts, the Police
personnel were deployed to execute the Hon'ble
Court's order from 10.04.2025 to 25.04.2025.
(Annexure-I, I(a), I(b) and I(c)).
(C) That on the 1 day i.e. 10.04.2025 the opposite
party members comprising about 300 persons
came near the spot and protested against the
execution of the Court's order. But the Police
officer and men present over there could manage
to convince them regarding the orders passed by
the Hon'ble Court and disposed the gathering
without any occurrence as would be seen from the
G.D entry No.009 dated 10.04.2025 of
Kashinagar P.S (Annexure-II)
(D) That after dispersal of the gathering from the
alleged spot the harvesting of cashew nuts
continued smoothly for that day and onwards until
25.04.2025.
(E) That again the petitioner prayed the Hon'ble
Court for extension of Police deployment from
26.04.2025 to 30.04.2025. As per the order of
Hon'ble Court, the Police deployment extended
from 26.04.2025 to 30.04.2025 on payment and
final harvestmen was completed on 30.04.2025
without any hindrance.
(F) That during the process of execution of decree
and harvest of cashew nuts from 10.04.25 to
30.04.2025, no untoward incident took place
attracting commission of any cognizable offence
and at no point of time the petitioner though
present at the spot has alleged against anybody
for commission of any offence."
5. It is also specifically stated that no written report attracting
commission of any cognizable offence has been submitted and it
is found that the complaint of the Petitioner revealed commission
of offences punishable under Sections 351(1), 351(2) of BNS,
which are non-cognizable offences, for which no FIR can be
registered for the said offences. It is also stated that as per the
police records, there is no leftist organization under the name of
"Lok Sangram Manch". But from local enquiry, it is learnt that
the local Tribal people had formed one union under the banner of
"Lok Sangram Manch" which is functioning to protect and
preserve the rights of Tribal people over the forest lands and
there has been no allegation so far regarding exploitation of poor
farmers by this "Lok Sangram Manch". It has been specifically
stated in the instructions that harvesting of cashew nuts has been
done between 10.04.2025 to 30.04.2025 under police protection
as per direction of the learned Senior Civil Judge,
Paralakhemundi and no such occurrence took place during that
period as alleged by the Petitioner.
6. It is apparent from the instructions that the Petitioner had
filed a civil suit regarding plucking of cashews and pursuant to
order of the learned Civil Judge, Paralakhemundi, police had
been deployed and were present at the spot on the alleged date of
occurrence. But this has not been mentioned in the CRLMP.
7. In view of the nature of allegations, the conduct of the
Petitioner and the instructions of the S.P., Gajapati, I am not
inclined to exercise discretionary power under Article 226 of the
Constitution of India to direct the police to register any case.
8. The CRLMP is accordingly dismissed.
9. Urgent certified copy of this order be granted on proper
application.
(Savitri Ratho)
Judge
Sukanta
Signed by: SUKANTA KUMAR BEHERA
Designation: Senior Stenographer
Location: Orissa High Court, Cuttack
Date: 21-Mar-2026 08:20:04
