‘Misplaced file’ excuse unacceptable, says court over 8-month FIR delay as Dalit woman alleges cheating

4 min readNew DelhiJun 17, 2026 11:00 AM IST

The petitioner was allegedly defrauded by the accused, who dishonestly induced her to part with Rs 2.10 lakh on the false pretext of executing a sale of their landed property. (AI-generated image)

A Dalit woman was forced to approach the Orissa High Court after the police allegedly failed to register an FIR in a cheating case for more than eight months despite a magistrate’s specific direction to do so. Pulling up the police for the delay, the high court observed that while files and court orders may sometimes be “misplaced”, such explanations cannot become a routine excuse for ignoring judicial directions and undermining the administration of justice.

Justice Savitri Ratho expressed “serious concern” over the manner in which judicial orders were being treated by local police authorities while hearing a petition filed by a 65-year-old woman who alleged that she had been cheated of Rs 2.10 lakh in a land transaction.

“It is possible for files and orders to be misplaced. But unfortunately, this is not a stray case. I have dealt with several writ applications (CRLMPs) where the grievance of the petitioner is that the orders passed or directions issued by the Magistrates or Judges of the Family Court are not being complied with by the local police, in spite of several adjournments and reminders,” the June 12 order read.

Justice Savitri Ratho said the DGP is expected to issue necessary instructions to police officers to comply with judicial orders.

‘Such excuses unacceptable’

The court found that the case was registered at Ranpur Police Station on April 24, more than eight months after the magistrate passed the order on August 6, 2025.

It observed that the “stock excuse” offered by police officers in such cases is that the file, court order or warrant had been misplaced, or that the concerned officer had only recently joined the police station.

Rejecting the explanation, the court held that such excuses were unacceptable because police stations maintain separate registers for letters, court orders and warrants received from various authorities and courts.

The Orissa High Court held that it is expected that the director general of police (DGP) will issue necessary instructions and directions to the officers to respond to and comply with judicial orders and directions.

Cheating, fight for lodging FIR

It was alleged that the petitioner, a 65-year-old woman belonging to a Scheduled Caste community, was subjected to cheating and exploitation by the accused persons, who dishonestly induced her to part with a sum of Rs 2.10 lakh on the false pretext of executing a sale of their landed property through a registered sale deed before the sub-registrar in May 2025.

However, it was claimed that the accused persons failed to appear for execution and have neither executed the sale deed nor refunded the said amount despite repeated requests.

Subsequently, the petitioner filed a case in the trial court, which passed a direction for registration of a First Information Report (FIR) and investigation. However, the police concerned failed to register the FIR or conduct a probe, and compelled her to move the high court.

The petitioner was represented by advocate Umakant Sahoo.

Appearing for the state, Additional Standing Counsel Saroj Kumar Rout informed the court that the FIR had since been registered and that one sub-inspector Hasina Pradhan was investigating the case. However, the Orissa High Court proceeded to examine the delay and the explanation furnished by the police for non-compliance with the magistrate’s order.

Richa Sahay is a Legal Correspondent for The Indian Express, where she focuses on simplifying the complexities of the Indian judicial system. A law postgraduate, she leverages her advanced legal education to bridge the gap between technical court rulings and public understanding, ensuring that readers stay informed about the rapidly evolving legal landscape.

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Orissa High Court