CHATURI NAIK Vs. UNION OF INDIA

JUDGEMENT

(1.) This CRLMP has been filed with the prayer to direct the IIC, Gopal Prasad Police Station to register the written complaint of the petitioner as FIR and investigate into the matter and complete the same as per law and direct the concerned authorities to take appropriate action to bring the Opp. Party No.4 & 5 into court of justice under relevant provisions of BNS and pass any order which may deem fit and proper in the interest of justice, equity and good conscience.

(2.) The grievance of the petitioner in short is that she is the owner of a piece of land under Khata No. 129 stands recorded in the name of one Radhika Nayak and after death of the original recorded tenant, the petitioner being her sole legal heir became the absolute owner of the land and after her marriage stayed there with her family. But recently the MCL acquired the landed property in village Ekadala, but no compensation was paid to the petitioner nor any benefits were given to the petitioner and her family such as employment benefit, monetary compensation etc. So the petitioner has sent various representations to higher Authorities requesting to pay the compensation for her land along with all the relevant documents such as legal heir certificate, Identity proof, etc. But on 31/10/2025, the MCL authority came to the land of the petitioner and started illegally demolishing her residential house without any prior notice. When she and her family members requested the MCL authorities not to demolish their house, the MCL authority assaulted them mercilessly and also abused them in obscene languages in public aspersing to their caste and also assaulted her daughter-in-law and tore her clothes with intent to outrage her modesty. And finally they forcefully and illegally demolished the house of the petitioner consisting of 5 rooms worth Rs.12.00 lakhs and destroyed the household articles of the petitioner worth Rs.4.00 lakhs. Though the petitioner immediately approached the Gopal Prasad police station with a written report, but the local police did not receive her written complaint. Thereafter, the petitioner sent her complaint to the IIC, Gopalprasad Police Station through speed post on the same day and although her complaint has been received by the IIC on 10/1/2026, but no FIR has been registered till date. On the same day the petitioner has sent her complaint to the Superintendent of Police, Angul, DG of Police, Odisha and the National Commission for Scheduled Caste of India through speed post seeking necessary action.

(3.) Mr. Mohanty, learned counsel for the petitioner submitted that although it is mandatory for the police to register an FIR if the complaint discloses cognizable offences; referring to Sec. -173(1) of the Bharatiya Nagarik Surakshya Sanhita, 23(BNSS) and also to provide a copy of the information as recorded under Sec. 173(1) of the BNSS to the informant, but the IIC, Gopal Prasad Police station and the Superintendent of Police, Angul have committed negligence denying justice to the petitioner. The said negligence is contrary to the law and attracts punishment.