[Cites 4, Cited by 0]
Orissa High Court
Biswajit Panda vs State Of Odisha & Anr. ....... Opposite ... on 6 March, 2026
Author: Sanjeeb K Panigrahi
Bench: Sanjeeb K Panigrahi
IN THE HIGH COURT OF ORISSA AT CUTTACK
CRLMC No. 4929 of 2025
Biswajit Panda ........ Petitioner(s)
Mr. Jyoti Ranjan Kar, Adv.
-Versus-
State of Odisha & Anr. ....... Opposite Party(s)
Ms. PratyushaNaidu, Adv.
(for O.P.2)
CORAM:
DR. JUSTICE SANJEEB K PANIGRAHI
ORDER
06.03.2026
Order No.
04.
1. This matter is taken up through hybrid arrangement.
2. This application under Section 482 Cr.P.C. has been filed to
quash the execution proceeding as well as the order of
attachment dated 09.07.2025 passed by the learned Judge, Family
Court, Jajpur in Cr.P (Exn) Case No.136 of 2023.
3. Heard learned counsel for the parties.
4. Learned counsel for the Petitioner submits that the Opposite
Party No.2/Informant has filed a petition under Section 125 of
Cr.P.C. before the learned Judge, Family Court, Jajpur, against the
Petitioner vide Cr.P. Case No.47 of 2018, which was allowed vide
the ex parte order dated 25.11.2019 directing the Petitioner to pay
Rs. 8000/- per month as interim maintenance.
5. Learned counsel for Petitioner further contends that being
aggrieved by the said ex parte order, the Petitioner had filed a
revision case before this Court vide RPFAM Case No.15 of 2021
which was disposed of on 28.07.2022 with an observation that the
Petitioner may move an application under Section 126(2) Cr.P.C.
to get the order of ex parte set aside. He further submits that
based on the order dated 28.07.2022, the learned Judge, Family
Court had passed the final order directing the Petitioner to pay
Rs. 10,000/- per month for maintenance to the Opposite Party
No.2.
6. Learned counsel for the Petitioner further argues that challenging
the order of maintenance dated 04.09.2023 passed by the learned
Judge, Family Court, Jajpur in Cr.P. No.47 of 2018, the Petitioner
had filed CRLMP No.2013 of 2023 with a prayer to quash/modify
the aforesaid order dated 04.09.2023 and the learned court below
reviewed the order dated 04.09.2023 directing the Petitioner to
pay Rs.7,000/- per month to the Opposite Party No.2.
7. Learned counsel for the Petitioner further submits that before
passing of the revisional order dated 11.04.2024, the Opposite
Party No.2 has filed a petition under Section 125(3) of Cr.P.C. for
executing of the order of maintenance dated 04.09.2023 before the
learned Judge, Family Court, Jajpur and the learned Family Judge
passed the attachment order dated 9.07.2025 against the
Petitioner.
8. In such view of the matter, this Court directs the Petitioner to
approach the executing court with the revised order dated
11.04.2024 passed by the learned Judge, Family Court, Jajpur in
Criminal Proceeding No.47 of 2018. In such event, the executing
court shall look into the conduct of the Petitioner in so far as the
payment of the maintenance is concerned and pass appropriate
order. Accordingly, the order dated 09.07.2025 passed by the
learned Judge, Family Court, Jajpur in Cr. P.(Exn.) No.136 of 2023
is modified.
9. It is further directed that an amount Rs.60,000/- stated to have
been deposited by the Petitioner before the executing court shall
be released in favour of the Opposite Party No.2.
10.It is made clear that this Court does not express any opinion on
the merit of the execution proceeding.
11.Accordingly, the CRLMC is disposed of.
( Dr. Sanjeeb K Panigrahi)
Judge
Murmu
