Misplacement of Judicial Orders by Police Unacceptable, States High Court; Directs DGP to Ensure Compliance
In a significant ruling, the Orissa High Court has expressed grave concern over the police's indifference towards complying with judicial orders. The court was hearing a petition filed by Smt. Subasini Dei, a 65-year-old woman from a Scheduled Caste community, who alleged that the local police failed to register an FIR despite repeated directions from the Judicial Magistrate, First Class (JMFC), Ranapur.
The petitioner had approached the court after the Inspector-in-Charge (IIC) of Ranapur Police Station did not act on the JMFC's order to register an FIR against individuals accused of cheating and exploiting her for a sum of Rs. 2,10,000. The petitioner had initially filed a case in July 2025, but the police only registered the FIR in April 2026 after the matter was brought before the High Court.
Justice Savitri Ratho, who presided over the case, highlighted the systemic issue of police inaction, noting that such excuses as misplacement of orders are unacceptable. The court observed that this was not an isolated incident, as many writ applications have been filed where police failed to comply with judicial directions, leading to unnecessary delays in the justice delivery system.
The High Court emphasized that judicial orders must be treated with importance and instructed the Director General of Police (DGP), Odisha, to ensure that police officers adhere to orders issued by the Magistrates and other judicial officers. The court's directive aims to prevent the recurrence of such instances where litigants are compelled to approach higher courts due to police inaction.
In her ruling, Justice Ratho underscored the importance of maintaining registers for orders received from courts to prevent misplacement and ensure timely compliance. Furthermore, the court suggested that administrative directions be issued by the DGP to all Superintendents of Police and Commissioners to prevent similar delays in the future.
The judgment also referred to the Supreme Court's ruling in Lalita Kumari v. State of Uttar Pradesh, emphasizing the legal obligation of the police to register an FIR when a cognizable offense is disclosed. The court concluded the proceedings by directing the DGP to issue necessary instructions to ensure that judicial orders are respected and complied with promptly.
The Orissa High Court's decision reinforces the accountability of police officers in adhering to judicial mandates, thereby safeguarding the integrity of the justice delivery system.
Bottom line:-
Police inaction in complying with judicial orders and directions issued by Magistrates or other judicial officers is a serious concern. Misplacement of judicial orders is not a valid excuse, and the Director General of Police must ensure compliance with judicial directions to prevent unnecessary adjournments and petitions.
Statutory provision(s): Bharatiya Nagarik Suraksha Sanhita, 2023 Section 175, Section 156(3) Cr.P.C., Sections 316(2)/318(2)/318(3)/318(4)/3(5) of the BNS, 2023
Subasini Dei v. State of Odisha, (Orissa) : Law Finder Doc id # 2926575
