Allowed

Dr.Ajit Agrawal v. State of Orissa

Orissa HC24 Jun 2019CRLMC/1063/2018

Case brief

AI extract

What is this about?

Court allowed quashing of an impugned order issuing a conditional non-bailable warrant under CrPC Sec. 482 in a matrimonial dispute, contingent upon petitioner depositing outstanding dues of Rs. 9,000 within a stipulated timeframe to prevent the warrant's revival.

What did the court decide?

Quashing of the impugned order dated 02.04.2018 directing issuance of a conditional non-bailable warrant, subject to payment of Rs. 9,000 by 12.07.2019.

Dr.Ajit Agrawal Vs State of Orissa — Matrimonial and Divorce | Orissa HC (2019)

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CRLMC No. 1063 of 2018

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Dr. Ajit Agrawal …… Petitioner

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-Versus-

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State of Orissa & another …… Opp. Parties

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07. 24.06.2019

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Heard learned counsel for the petitioner and learned counsel for opposite party no.2.

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In this application under section 482 Cr.P.C., the petitioner Dr. Ajit Agrawal has challenged the impugned order dated 02.04.2018 passed by the learned J.M.F.C., Cuttack in D.V. Misc. Case No. 05 of 2015 seeking to quash the conditional non-bailable warrant of arrest issued against the petitioner.

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The case arises out of a matrimonial dispute. Learned counsel for opposite party no.2 files a calculation sheet indicating therein that there is outstanding dues of Rs.9,000/- (rupees nine thousand only) till date of passing of the impugned order i.e. 02.04.2018. It is contended by the learned counsel for the petitioner that the petitioner shall pay the entire outstanding dues of Rs.9,000/- on or before 12^th July, 2019 to the opposite party no.2 by sending a Bank Draft in her name in the address of the opposite party no.2.

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Learned counsel for the opposite party no.2 has no serious objection if the impugned order regarding issuance of conditional non-bailable warrant of arrest is quashed.

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In view of such submissions made by the learned counsel for the respective parties, I direct that

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the petitioner shall send a Bank Draft of Rs.9,000/- (nine thousand) on or before 12^th July, 2019 to the opposite party no.2 in her name in her address and the impugned order dated 02.04.2018 passed by the learned J.M.F.C., Cuttack in D.V. Misc. Case No. 05 of 2015 stands quashed. It is made clear that if the Bank Draft of Rs.9,000/- is not sent to the opposite party within stipulated time, the conditional non-bailable warrant of arrest order shall revive against the petitioner.

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Learned J.M.F.C., Cuttack shall take expedite steps do dispose of the case at the earliest and both the parties shall co-operate with the learned Magistrate in that respect and shall not take any unnecessary adjournments.

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With the aforesaid observation, the CRLMC is disposed of.

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Issue urgent certified copy as per Rules.

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…………………..……

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S.K.Sahoo, J.

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PKSahoo

Dr.Ajit Agrawal v. State of Orissa

Case brief

What is this about?

What did the court decide?

Dr.Ajit Agrawal v. State of Orissa

Case brief

What is this about?

What did the court decide?

What the court decided

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