Dismissing a writ petition challenging a Family Court order that directed police to execute an arrest warrant under Order XXI Rule 38 CPC, the court held the procedure was not defective.
The writ petition stands dismissed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF ORISSA AT CUTTACK
W.P.(C) No. 30643 of 2022
Karunakar Panda
…. Petitioner
Mr. Jayakrishna Mohapatra, Advocate
-versus-
Soumya Manjari Padhi
…. Opp. Party
CORAM:
JUSTICE K.R. MOHAPATRA
ORDER
Order No.
01.12.2022
dated 30th September, 2022 (Annexure-4) passed by learned Judge, Family Court, Balasore in Execution Case No.13 of 2021, whereby it directed to issue warrant of arrest against the JDr. in exercise of power under Order XXI Rule 38 CPC.
3.1 Referring to Form-13 to Appendix-E of CPC, learned counsel for the Petitioner submits that warrant of arrest should
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have been issued to the bailiff of the Court and not to Khaira Police Station. As such, the order dated 30th September, 2022 is bad for not following of due procedure of law.
3.2 Rule 38 of Order XXI CPC reads as under:-
“ 38. Warrant for arrest to direct judgmentdebtor to be brought up.— Every warrant for the arrest of a judgment-debtor shall direct the officer entrusted with its execution to bring him before the Court with all convenient speed, unless the amount which he has been ordered to pay, together with the interest thereon and the costs (if any) to which he is liable, be sooner paid.”
The provision makes it clear that warrant shall be executed by the Officer so entrusted by the Court. Thus, while executing such warrant, the Officer so entrusted does not perform his duty as per the provisions of Code of Criminal Procedure, 1973, but under the provisions of Code of Civil Procedure, 1908, as provided under Order XXI Rule 38 CPC.
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for issuance of warrant against him by entrusting the same to the Officer concerned of Khaira Police Station. Thus, I find no infirmity in the impugned order.
(K.R. Mohapatra) Judge
s.s.satapathy
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1 issue framed by the court
Whether the Family Court's order directing issuance of arrest warrant to police station violated the procedure of Order XXI Rule 38 CPC.
Karunakar Panda
K.R. Mohapatra
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
