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Orissa High Court
Rina Swain vs State Of Odisha And Others .... Opposite ... on 13 January, 2026
IN THE HIGH COURT OF ORISSA AT CUTTACK
CRLMP No. 1512 of 2025
Rina Swain .... Petitioner
Mr. Ashok Kumar Sahoo, Advocate
-versus-
State of Odisha and others .... Opposite Parties
Mr. Sarathi Jyoti Mohanty,
Additional Standing Counsel
CORAM:
THE HON'BLE MISS JUSTICE SAVITRI RATHO
ORDER
13.01.2026
Order No.
02. (Through hybrid mode)
1. This application has been filed praying for issue of
direction to the Opposite Parties No.3 and 4 to execute the order of
NBW passed in Execution Case (Cr.P) No. 36 of 2015 by the
learned Judge, Family Court, Kendrapara.
2. Mr. S.J. Mohanty, learned Additional Standing Counsel
produced instruction dated 01.01.2026 of the IIC, Mahakalpada
Police Station. The instructions which are extracted below are full of
typographical errors:-
" xx xx xx With reference to the letter and subject
cited above I have the honour to submit that, I have
been to content of the CRLMP Petition filed by the
petitioner Rina Swain regarding non execution of
Execution Case (CR.P) No. 36/2015 issued against
one Ananda Swain, being directed by Hon'ble court
of Judge Family Court, Kendrapara. However, it is
to mentioned here that the said executing case
issued against Aananda Swain (40) Swain S/o
Balaram Swain of vill: Ghantiapalli has been
executed on 12.12.2025 after observing all
necessary rules and guidelines laid by the Apex
court. The executed copy of Execution Case No.
36/2015 has been attached and annexed as "A". The
arrest memo copy has been enclosed here with and
annexed "B".
This is for favour of kind information and
necessary action."
3. Although the said instructions do not mention execution of
NBW but from the annexures to the instruction, it is apparent that
NBW has been executed on 12.12.2025 and Ananda Swain arrested.
4. Perused the letter No.772 dated 24.12.2025 of the learned
Judge, Family Court, Kendrapara where it has been, inter alia, stated
that on 12.12.2025 the DW and CNBW were executed and the JDR,
Ananda Swain, was arrested and produced before the Court. On the
same day, he filed Demand Draft of ₹20,000/- towards remaining
arrear maintenance and was released from custody. Learned counsel
for the Decree Holder (DHR) was informed and notice was issued to
the DHR through speed post to appear physically to receive the
Demand Draft and the case was posted to 03.01.2026 for receiving
the same.
5. It is apparent from the report that although order has been
passed on 25.12.2022 issuing DW and CNBW against the Judgment
Debtor (JDR) and reminder had been sent on 17.11.2022 for early
execution of the DW and CNBW, between 2022 to 2025, no steps
were taken for execution of the NBW by the IIC, Mahakalpada
Police Station nor any orders passed by the learned Judge, Family
Court for ensuring execution of the NBW.
6. Perused the Letter No.147 dated 07.01.2026 of the learned
District Judge, Kendrapara. Relevant portion of the report is
extracted below.
"7. Consequent upon the lapse of stay, fresh DW
and CNBW were issued against the JDR on
23.02.2022 for realization of arrear maintenance of
₹20,000/-. However, there was a delay in execution
of the same by the police authorities.
8. On 12.12.2025, the JDR, Shri Ananda Swain,
was produced before the learned Judge, Family
Court, Kendrapara on execution of the said
warrants. Upon deposit of the arrear maintenance
amount of ₹20,000/-, the JDR was released from
custody."
This also confirms that after 23.02.2022, the matter has not been
taken up by the Court nor have any steps taken by the IIC,
Mahakalpara Police Station for execution of DW and CNBW.
7. However, since DW and CNBW have been executed in the
meanwhile, no further order need be passed in the CRLMP, which is
disposed of.
8. In case the amount of ₹20,000/- is not released in favour of
the Petitioner, it is open to the Petitioner to file appropriate
application.
(Savitri Ratho)
Judge
RKS
