Defying a Court Order Without Justification is Unacceptable in a Civilized Society: Orissa High Court

The Orissa High Court has set aside an order of the Judicial Magistrate First Class (JMFC)-II, Bhubaneswar, which had directed the police to register an FIR against senior officers following allegations of police excesses. Justice G. Satapathy, while delivering the judgment on February 5, 2025, observed, “Defying a valid court order without any reason is not acceptable to a civilized society.” The court found that the Magistrate’s directive was issued without following the necessary procedural safeguards under Section 175 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, and remitted the matter back for reconsideration.

"A Magistrate Cannot Mechanically Direct Investigation": Orissa High Court Scrutinizes JMFC's Order

The case was initiated by Prajna Prakash Nayak, who approached the JMFC-II, Bhubaneswar, seeking action against senior police officers. Nayak alleged that he and his wife were victims of a massive ₹6.2 crore fraud, for which FIRs were registered at Infocity and Airfield Police Stations. However, he claimed that instead of investigating the accused, the police exerted pressure on him to withdraw the complaints.

The allegations escalated further, with Nayak claiming that police officials, including two Additional DCPs, the IICs of Lingaraj and Infocity Police Stations, and a Sub-Inspector, abducted him at gunpoint, illegally detained him, and subjected him to physical and mental torture. He asserted that his family was also harassed, and his minor daughter suffered neurological damage due to trauma, requiring treatment at NIMHANS, Bangalore.

Despite multiple complaints to senior authorities, no FIR was registered against the police officers. He then approached the JMFC-II, Bhubaneswar, which ordered the police to register an FIR and conduct an investigation under Section 175(3) of BNSS. However, the police failed to comply, prompting Nayak to move the Orissa High Court.

"A Court Cannot Act Mechanically While Ordering an FIR Against Public Servants": High Court Cites Procedural Errors

Justice G. Satapathy held that the JMFC erred in law by failing to follow the mandatory requirements under Section 175 of BNSS, 2023 before directing the police to register an FIR. The court emphasized that the law clearly outlines procedural safeguards when issuing such an order, particularly against public servants.

"The Magistrate is not expected to mechanically direct an investigation by the police without first examining whether, in the facts and circumstances of the case, an investigation by the State machinery is actually required," observed the High Court, citing the Supreme Court’s recent ruling in Om Prakash Ambadkar v. State of Maharashtra (2025 Live Law SC 139).

The High Court pointed out that Section 175(3) of BNSS requires a Magistrate to consider an application supported by an affidavit, conduct a preliminary inquiry, and seek submissions from the concerned police officers before directing an FIR. Section 175(4) adds further safeguards when allegations are against public servants, mandating a report from a superior officer and giving the accused official a chance to be heard. The JMFC bypassed all these mandatory steps, making the order procedurally defective.

"Police Officials Cannot Act as Though They Are Above the Law": Orissa High Court Condemns Non-Compliance with Judicial Orders

While setting aside the JMFC’s order, the High Court expressed serious concern over the defiance of a court directive by the police officials. Justice Satapathy noted, "When a judicial order is issued, it is not for the police to decide whether to comply with it or not. Non-compliance erodes the very foundation of justice."

The Court left it to the JMFC-II to take appropriate legal action against the police officers who failed to register the FIR despite the directive.

"The Legal Process Must Be Followed, Not Circumvented": Orissa High Court Sends Case Back for Fresh Consideration
The High Court concluded that while the allegations of police excesses were serious, the JMFC’s failure to adhere to procedural safeguards under BNSS rendered the order legally unsound. The matter was sent back to JMFC-II, Bhubaneswar, for reconsideration in compliance with the law.

Reaffirming the need for judicial discipline and adherence to legal procedures, the High Court emphasized, “The legal process must be followed, not circumvented, no matter who the accused or the complainant may be.”
 

Date of Decision: 05 February 2025