Citation : 2026 Latest Caselaw 391 Ori
Judgement Date : 16 January, 2026
IN THE HIGH COURT OF ORISSA AT CUTTACK
CRLMC No. 5527 of 2023
Arjun Das @ Arjuna Kumar Das ..... Petitioners
and Others
Mr. Devashis Panda, Advocate
-versus-
State of Odisha and Another ..... Opposite Parties
Mr. A.K. Apat, AGA
Mr. Santosh Kumar Mohanty, Advocate
(For O.P. No.2)
CORAM:
HON'BLE MISS JUSTICE SAVITRI RATHO
ORDER
16.01.2026 Order No. (Through hybrid mode)
05.
1. Mr. Santosh Kumar Mohanty, learned counsel for the Opposite Party No.2 submits that the Opposite Party No.2 is willing to join the company of the Petitioner No.3 and prays for a short adjournment to obtain instructions.
2. Apart from other submissions, Mr. Devashis Panda, learned counsel for the Petitioners submits that the marriage between Petitioner No.3 and Opposite Party No.2 has been dissolved by an ex parte decree of divorce vide judgment dated 30.04.2022 passed by the learned Judge, Family Court, Parlakhemundi. Till date, the Opposite Party No.2 has not challenged the said ex parte judgment and decree even though notice of this application annexing the said judgment has been served on her in the year, 2024. So the submission of Mr. Mohanty, learned counsel for the Opposite Party No.2 cannot be accepted. He submits that the NBW of arrest had been issued against Petitioner No.3 by the impugned order but
thereafter he has been directed to be released on bail in an anticipated bail application by this Court. He also submits that the case is posted for framing of charge today in the trial court. Hence if the trial proceeds, the Petitioners will be prejudiced.
3. The matter is pending since 2023 and no interim order has been passed.
4. Hence, list this matter on 20.01.2026. In the meanwhile, Registry is directed to call for a report from the learned trial court regarding status of the trial. The learned counsel for the parties are also directed to obtain instructions regarding the status of the trial.
5. If the matter cannot be disposed of on the next date, I.A. No. 3731 of 2023 shall be considered.
(Savitri Ratho) Judge puspa
Signed by: PUSPANJALI MOHAPATRA
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