Dismissed¶22

Bira Kishore Padhi v. Riya Jessie

Orissa HC5 May 2026CRLMP/50/2026

Case brief

AI extract

What is this about?

Withdrawal of criminal miscellaneous petition; Orissa High Court, Cuttack; CRLMP No.50 of 2026; Bira Kishore Padhi versus Riya Jessie; dismissed as withdrawn on 05.05.2026 by Savitri Ratho, J.; underlying Cr.P. No.99 of 2019 before Family Court, Balasore withdrawn by the Opposite Party on 24.01.2026 after failed reconciliation, parties intending mutual-consent dissolution of marriage; Petitioner exempted from Rs.50,000/- deposit condition imposed by order dated 17.02.2026; related CRLMC No.209 of 2023 (filed by Opposite Party) permitted to be withdrawn on 30.04.2026; no statute or precedent cited.

What did the court decide?

Petitioner permitted to withdraw CRLMP No.50 of 2026; obligation under order dated 17.02.2026 to deposit Rs.50,000/- in the learned court below dispensed with. ¶22

Bira Kishore Padhi Vs Riya Jessie — Orissa HC (2026) — LawSathi Research

¶1

IN THE HIGH COURT OF ORISSA AT CUTTACK CRLMP No.50 of 2026

¶2

Bira Kishore Padhi

¶3

… Petitioner

¶4

Mr. K. S. Sahoo on behalf of Ms. P. Bastia, Advocate

-versus-

Riya Jessie

… Opp. Party .

None

CORAM:

HON’BLE MISS JUSTICE SAVITRI RATHO

ORDER

Order No.

05.05.2026

(Through hybrid Mode)

¶16

By order dated 17.02.2026, notice has been directed to be issued to the Opposite Party subject to deposit of Rs.50,000/- by the Petitioner in the learned court below within a period of two weeks with the observation that this deposit shall be without prejudice to the rights and contentions of both the parties.

¶17

On 09.04.2026, prayer for adjournment was made on behalf of Ms. P. Bastia, learned counsel for the Petitioner and the Registry had been directed to call for a report from the learned Judge, Family Court, Balasore, if Rs.50,000/- as directed by this Court has been deposited and the present status of Cr.P. No.99 of 2019.

¶18

On 30.04.2026, when the matter was listed along with CRLMC No.209 of 2023 filed by the Opposite Party, on the basis of a memo for

¶19

Page 1 of 3

¶20

withdrawal filed by the Opposite Party, CRLMC No.209 of 2023 was permitted to be withdrawn and this matter was directed to be listed today.

¶21

When the matter was taken up today, Mr. K. Sahoo, learned counsel appearing on behalf of Ms. P. Bastia, learned counsel for the Petitioner files a memo signed by Ms. P. Bastia stating that the Petitioner may kindly be permitted to withdraw the aforementioned case. No reasons have been mentioned in the memo for withdrawal of the case. The said memo is taken on record. He files the memo along with the affidavit dated 01.05.2026 of the Petitioner wherein, it is stated that the Opposite Party is the Petitioner in Cr.P. No.99 of 2019 before the learned Judge, Family Court, Balasore and on intervention of family members, she has withdrawn the case on 24.01.2026. The Photostat copy of the order dated 24.01.2026 has also been filed where, it has been stated that the steps for reconciliation between the parties has failed and they have decided to file a petition for a decree of dissolution of marriage by mutual consent for which the Petitioner wanted to withdraw the case preserving the right to file the case against the Opposite Party for self-same cause of action.

¶22

Perused the letter received from the learned Judge, Family Court, Balasore, wherein, it is stated that the case has been disposed of on 24.01.2026 as withdrawn by the Petitioner and regarding deposit of Rs.50,000/- as per direction of this Court in CRLMP No.50 of 2026, the Petitioner has not intimated the Court about such deposit. 6. In view of the memo and submission of the learned counsel and the report of learned Judge, Family Court, Balasore, this CRLMP is dismissed as withdrawn.

¶23

Page 2 of 3

¶24

In view of the withdrawal of Cr.P No.99 of 2019 in the court below and this CRLMP, there is no necessity for the Petitioner to comply with order dated 17.02.2026 for deposit of Rs.50,000/- in the learned court below.

¶25

(Savitri Ratho) Judge

¶26

Sumitra

¶27

Signature Not Verified

¶28

Digitally Signed Signed by: SUMITRA NAYAK Reason: Authentication Location: HIgh Court of Orissa, C utta ck Date: 05-May-2026 19:00:37

¶29

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Bira Kishore Padhi v. Riya Jessie

Case brief

What is this about?

What did the court decide?

Bira Kishore Padhi v. Riya Jessie

Case brief

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