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Orissa High Court
Mahendra Nath Sahoo vs State Of Odisha & Ors. .... Opposite ... on 23 March, 2026
Author: Sanjeeb K Panigrahi
Bench: Sanjeeb K Panigrahi
IN THE HIGH COURT OF ORISSA AT CUTTACK
W.P.(C) No.28665 of 2025
Mahendra Nath Sahoo .... Petitioner(s)
Mr. Suryakanta Dwibedi, Adv.
-versus-
State of Odisha & Ors. .... Opposite Party(s)
Mr. Chitta Ranjan Swain, AGA
CORAM:
HON'BLE DR.JUSTICE SANJEEB K PANIGRAHI
Order No. ORDER
02. 23.03.2026
1.
This matter is taken up through hybrid arrangement.
2. In filing this CRLMC, the Petitioner claiming to be
misbehaved by the OIC, Kundanagir Police Station,
Kendrapara, has prayed for quashing the impugned
order dated 04.07.2025 passed by the learned Member,
Odisha Human Rights Commission in Complaint Case
No.1281 of 2023.
Apart from the above, the Petitioner has also made the
following prayer:-
(a) Issue a writ of mandamus or any other
appropriate writ directing the Opp. Party No.2
to reconsider the complaint of the petitioner and
to conduct an impartial inquiry into the conduct
of Opp. Party No.5; and
(b) Direct the Opp. Party No.1 to initiate
appropriate departmental / disciplinary action
Designation: Personal Assistant
Location: High Court of Orissa
Date: 24-Mar-2026 16:03:07
against Opp. Party No.5 for his misconduct and
abuse of the authority and official power:
(c) Pass any other appropriate writ/writs,
order/orders and direction/ directions as this
Hon'ble Court may deem fit and proper in the
facts and circumstances of the case, in the
interest of the justice.
3. Heard learned counsel for the respective parties and
perused the record.
4. The factual scenario of the case in brevity remains:- Due
to some civil dispute the Petitioner along with his son-
in-law and some other persons of the said locality
approached the concerned OIC, Kundanagiri Police
Station, Kendrapara. But, the said OIC without hearing
the grievance of the Petitioner scolded him in obscene
languages in presence of the persons accompanied him.
He, accordingly, filed a complaint before the learned
Human Rights Commission, Odisha, Bhubaneswar.
5. Upon filing of the said complaint necessary inquiry was
conducted and report to that effect was submitted
before the learned Commission. Accordingly, based on
the said report, the learned Commission passed the
impugned order dated 04.07.2025 in the above noted
Complaint Case. Hence, this Writ Petition.
6. Being aggrieved with the impugned order dated
04.07.2025 vide Annexure-1, learned counsel for the
Designation: Personal Assistant
Location: High Court of Orissa
Date: 24-Mar-2026 16:03:07
complaint had filed an application with a prayer for
examination of the persons who have witnessed the
alleged occurrence, the learned Commission did not
pay any attention to the said application and passed the
impugned order dated 04.07.2025. He further contends
that though the OIC has misbehaved the Petitioner in
presence of Goura Charan Sahu, Niranjan Sahu and
Dillip Sahu, they were never examined till passing of
the impugned order. He, accordingly, prays for
allowing the prayer made in this Writ Petition.
7. Considering the above submission made on behalf of
the Petitioner, this Court is of the view that the duty of
the Police is to be courteous while dealing with the
disputes of the citizens and behave them properly. In
present case, the above noted persons who are claimed
to be the eye witnesses to the alleged occurrence, have
not been examined. Hence, the Petitioner was deprived
of getting a fair chance to prove his case before the
learned Commission. This Court, therefore, while
setting aside the impugned order dated
04.07.2025/Annexure-1 passed in the above noted
complaint case, also remits the matter back to the
learned Odisha Human Rights Commission for re-
adjudication of the Complaint Case No.1281 of 2023
after providing opportunity of examination of the
Designation: Personal Assistant
Reason: Authentication
Location: High Court of Orissa
Date: 24-Mar-2026 16:03:07
above noted persons to the Petitioner and also in
accordance with law.
8. This Writ Petition is, accordingly, disposed of.
(Dr. Sanjeeb K Panigrahi)
Judge
Ayaskanta
Designation: Personal Assistant
Location: High Court of Orissa
Date: 24-Mar-2026 16:03:07
