Nilanchal Sethi And Others vs State Of Odisha And Another
2022 Latest Caselaw 5461 Ori

                 IN THE HIGH COURT OF ORISSA AT CUTTACK

                               CRLMC No.1750 of 2022

        Nilanchal Sethi and Others                 ....             Petitioners
                                                    Mr. S.K. Dash, Advocate


                                       -Versus-



        State of Odisha and Another                ....        Opposite Parties
                                                        Mr. T.K. Praharaj, SC

                      CORAM:
                      MR. JUSTICE R.K. PATTANAIK

                                       ORDER

Order                                12.10.2022
No.
01.     1        Heard learned counsel for the petitioners and learned
        Standing Counsel for the State.


        2.       Admit and issue notice.

3. Learned SC accepts notice on behalf of opposite party No.1 State. Notice to opposite party No.2 by Registered Post with AD with an early returnable date. Requisites shall be filed by the learned counsel for the petitioners within next three working days positively.

4. List on 10th November, 2022 for appearance of opposite party No.2.

(R.K. Pattanaik) Judge

I.A. No.1388 of 2022

1. It is submitted that soon after the marriage between the parties, opposite party No.2 left for parental home and did not join

company of petitioner No.1, whereafter, the latter sent a legal notice and then filed a case under Section 9 of the Hindu Marriage Act for restitution of conjugal rights and even obtained judgment dated 5th August, 2017 in Mat Case No.3 of 2017 in that respect but still opposite party No.2 did not return which compelled petitioner No.1 to file a divorce case under Section 13 of the Hindu Marriage Act which was also disposed of ex-parte and under the above circumstances, the learned counsel for the petitioners submits that since the criminal proceeding has been unnecessarily levied against them at the behest of opposite party No.2, the said proceeding pending before the learned court below should be stayed at least still appearance of the informant.

2. Considering the above facts and submission of learned counsel for the petitioners, this Court as an interim measure directs that the criminal proceeding in G.R. Case No.24 of 2021 corresponding to Hinjili P.S. Case No.29 of 2021 pending in the file of learned J.M.F.C., Hinjilicut shall remain stayed till the next date.

3. List on the date fixed.

4. An urgent certified copy of this order be granted as per rules.

(R.K. Pattanaik) Judge

TUDU