Shreedhar Sethy @ Sridhar vs State Of Odisha
2022 Latest Caselaw 6486 Ori

              IN THE HIGH COURT OF ORISSA AT CUTTACK
                        CRLMC No.3013 of 2022

     1.Shreedhar Sethy @ Sridhar                                     Petitioners
     Sethi
     2.Sukanti Sethi
     3.Satyasundar Sethy @ Satya
     Sundar Sethi
     4.Ashok Kumar Sethi @ Ashok
     Sethi
     5.Sasmita Sethi                        ....              Mr.S.Dash, Advocate

                                       Versus
     1.State of Odisha
     2.Itismita Sethy                       ....               Opposite Parties
                                                        Ms.S.Pattanayak, AGA
                                                                   (for O.P.1)

                 CORAM:
                    JUSTICE SAVITRI RATHO

                                     ORDER

Order No.                           11.11.2022
  02.                          (Through hybrid mode)

1. This application under Section 482 of Cr.P.C. has been filed by the petitioners challenging the order dated 16.05.2022 passed by the learned J.M.F.C. (R), Balasore in C.T. Case No.960 of 2021 arising out of Remuna P.S. Case No.168 of 2021 which had been registered under Section 156 (3) of the Cr.P.C. after being sent to the police station pursuant to order passed in ICC Case No.97 of 2021 taking cognizance of the offences punishable under Sections 498-A/506/34 of IPC and Section 4 of the D.P. Act against the petitioners.

// 2 //

2. Mr. Dash, learned counsel for the petitioners submits that the marriage of the petitioner No.3-Satyasundar Sethy and opposite party No.2 has been dissolved by decree of divorce by judgment dated 21.9.2021 passed in Original Petition No.2456 of 2020 by the learned 5th Additional Principal Judge, Family Court at Chennai. The opposite party No.2 had initially participated in the said proceeding and thereafter was set ex parte. In spite of being aware of ex parte decree, she has filed the aforesaid ICC case without mentioning the decree of divorce, in order to mislead the Court and harass the petitioners.

3. Considering the above submissions, issue notice to the opposite parties. Notice on behalf of opposite party No.1 is accepted by Ms.Pattanayak, learned Additional Government Advocate. Requisites for issuance of notice to opposite party No.2 by Registered Post with A.D. be filed by 16.11.2022, returnable within four weeks.

4. List this matter in the week commencing 9th January, 2023.

5. In the interim, further proceeding in C.T. Case No.960 of 2021 arising out of Remuna P.S. Case No.168 of 2021 pending in the Court of learned J.M.F.C. (R), Balasore shall remain stayed till the next date.

6. Urgent certified copy of this order be granted as per rules.

............................

(Savitri Ratho) Judge Bichi