The court disposed of the criminal miscellaneous petition as the petitioner had an adequate remedy available under the Cr.P.C. for execution of the Non-Bailable Warrant before the appropriate forum.
Petitioner granted liberty to pursue execution of N.B.W. before the appropriate forum; application disposed of.
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CRLMP No. 12 of 2020
02 16.01.2020 Heard Mr. R. R. Chhotaray, learned counsel for the petitioner and Mr. S.P. Panda, learned Additional Government Advocate appearing for the State opposite parties.
The petitioner has filed this application seeking direction to opposite parties no.2 and 3 to apprehend the accused and produce him before the court within a short period and direct him to deposit the arrear maintenance till today within a short period.
Mr. R. R. Chhotaray, learned counsel for the petitioner states that in spite of N.B.W. issued and consequential reminder, no action has been taken against the accused. Therefore, the petitioner has approached this Court by filing this application.
Mr. S.P. Panda, learned Additional Government Advocate appearing for the State opposite parties contended that adequate remedy is available under the Cr.P.C. for execution of N.B.W. Instead of approaching the appropriate forum, the petitioner has directly approached this Court.
Considering the contentions raised by learned counsel for the parties and after going through the records, since adequate remedy is available under the Cr.P.C. for execution of N.B.W. against the accused, this Court disposes of the CRLMP granting liberty to the petitioner to pursue her remedy for execution of N.B.W. against the accused before the appropriate forum.
Issue urgent certified copy as per rules.
Alok
Dr. B.R. Sarangi, J.
2
3
1 issue framed by the court
Whether the petitioner is entitled to seek direction for arrest and maintenance deposit in this Court when adequate remedy exists under Cr.P.C.
Petitioner
State opposite parties
Dr. B.R. Sarangi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
