Rina Swain Vs State of Odisha

direction to the Opposite Parties No.3 and 4 to execute the order of NBW passed in Execution Case (Cr.P) No. 36 of 2015 by the learned Judge, Family Court, Kendrapara.

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Mr. S.J. Mohanty, learned Additional Standing Counsel produced instruction dated 01.01.2026 of the IIC, Mahakalpada Police Station. The instructions which are extracted below are full of typographical errors:-

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“ xx xx xx With reference to the letter and subject cited above I have the honour to submit that, I have been to content of the CRLMP Petition filed by the

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petitioner Rina Swain regarding non execution of Execution Case (CR.P) No. 36/2015 issued against one Ananda Swain, being directed by Hon'ble court of Judge Family Court, Kendrapara. However, it is to mentioned here that the said executing case issued against Aananda Swain (40) Swain S/o Balaram Swain of vill: Ghantiapalli has been executed on 12.12.2025 after observing all necessary rules and guidelines laid by the Apex court. The executed copy of Execution Case No. 36/2015 has been attached and annexed as "A". The arrest memo copy has been enclosed here with and annexed "B".

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This is for favour of kind information and necessary action.”

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Although the said instructions do not mention execution of NBW but from the annexures to the instruction, it is apparent that NBW has been executed on 12.12.2025 and Ananda Swain arrested.

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Perused the letter No.772 dated 24.12.2025 of the learned Judge, Family Court, Kendrapara where it has been, inter alia, stated that on 12.12.2025 the DW and CNBW were executed and the JDR, Ananda Swain, was arrested and produced before the Court. On the same day, he filed Demand Draft of ₹20,000/- towards remaining arrear maintenance and was released from custody. Learned counsel

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for the Decree Holder (DHR) was informed and notice was issued to

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the DHR through speed post to appear physically to receive the Demand Draft and the case was posted to 03.01.2026 for receiving the same.

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It is apparent from the report that although order has been passed on 25.12.2022 issuing DW and CNBW against the Judgment Debtor (JDR) and reminder had been sent on 17.11.2022 for early execution of the DW and CNBW, between 2022 to 2025, no steps were taken for execution of the NBW by the IIC, Mahakalpada Police Station nor any orders passed by the learned Judge, Family Court for ensuring execution of the NBW.

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Perused the Letter No.147 dated 07.01.2026 of the learned

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District Judge, Kendrapara. Relevant portion of the report is extracted below.

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“7. Consequent upon the lapse of stay, fresh DW and CNBW were issued against the JDR on 23.02.2022 for realization of arrear maintenance of ₹20,000/-. However, there was a delay in execution of the same by the police authorities.

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8. On 12.12.2025, the JDR, Shri Ananda Swain, was produced before the learned Judge, Family Court, Kendrapara on execution of the said

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warrants. Upon deposit of the arrear maintenance amount of ₹20,000/-, the JDR was released from custody.”

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This also confirms that after 23.02.2022, the matter has not been taken up by the Court nor have any steps taken by the IIC, Mahakalpara Police Station for execution of DW and CNBW.

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