Disposed¶24

Photo Sahu v. Purandar Sahu

Orissa HC7 May 2026CRLMP/549/2026

Case brief

AI extract

What is this about?

Orissa High Court, Cuttack; CRLMP No. 549 of 2026; Savitri Ratho, J.; 07.05.2026; expeditious disposal direction; DV Act 2005; Section 12; Section 12(5); 60-day disposal limit; Protection of Women from Domestic Violence Act; JMFC Bolangir; SDJM Bolangir; CMC No. 145 of 2015; domestic violence application pending since 2015; adjournment without sufficient cause; referral to mediation; time-bound completion of trial; Photo Sahu v. Purandar Sahu and others.

What did the court decide?

Direction to the learned JMFC, Bolangir to complete the proceedings in Criminal Misc. Case No. 145 of 2015 expeditiously, preferably within four months from the date of receipt of the order from the Registry; copy of the order to be communicated to the learned JMFC, Bolangir forthwith. ¶24

Photo Sahu Vs Purandar Sahu — Domestic Violence | Orissa HC (2026)

What the court decided

AI extract

Outcome

¶24

Issue for consideration

Whether the High Court should direct the learned JMFC, Bolangir to dispose of Criminal Misc. Case No. 145 of 2015 under Section 12 of the DV Act, pending since 2015, expeditiously.

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Court's answer

Perusal of the order sheet of the learned Magistrate shows that the case has been adjourned on various dates without sufficient cause.

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Ratio / Principle

Section 12(5) of the DV Act requires an application under Section 12 to be disposed of within 60 days from the date of its first hearing; the Court acted on this provision given the pendency since 2015.

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Key takeaways

The CRLMP was disposed of directing the learned JMFC, Bolangir to complete the proceedings expeditiously, preferably within four months from the date of receipt of the order from the Registry.ratio¶25

Detailed headnote1 paragraphs

High Court of Orissa, Cuttack (Savitri Ratho, J.) — CRLMP No. 549 of 2026 (order dated 07.05.2026): Filed by Photo Sahu seeking a direction to the learned JMFC, Bolangir to expedite disposal of Criminal Misc. Case No. 145 of 2015, an application under Section 12 of the Protection of Women from Domestic Violence Act, 2005 filed on 07.10.2015 before the learned SDJM, Bolangir and transferred to the learned JMFC, Bolangir on 15.09.2017. Petitioner's evidence (P.W.1 and P.W.2) was closed on 04.03.2026-era record dated 04.03.2020; a memo for disposal filed on 19.01.2026 yielded only an adjournment, and the case was later sent to mediation on 12.03.2026 despite no settlement prospects. Noting from the order sheet that the case had been adjourned on various dates without sufficient cause, and invoking Section 12(5) of the DV Act (disposal within 60 days of first hearing), the Court disposed of the CRLMP directing the learned JMFC, Bolangir to complete the proceedings expeditiously, preferably within four months from receipt of the order from the Registry, with a copy communicated forthwith.

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IN THE HIGH COURT OF ORISSA AT CUTTACK CRLMP No. 549 of 2026

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Photo Sahu

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….. Petitioner

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Mr. Mahadev Sahu, Advocate

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-versus-

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1.Purandar Sahu

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2.Urmila Sahu 3.Bidyadhar Sahu 4.Purna Ch. Sahu

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….. Opposite Parties

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5.Menaka @ Ramani Sahu

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CORAM:

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HON’BLE MISS JUSTICE SAVITRI RATHO ORDER 07.05.2026

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Order No. 01.

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(Through hybrid Mode)

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This CRLMP has been filed for a direction to the learned

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JMFC, Bolangir to dispose of Criminal Misc. Case No. 145 of 2015 which is an application under Section 12 of the Protection of Women from Domestic Violence Act, 2005 (in short, “DV Act”), expeditiously.

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Mr. M. Sahu, learned counsel appearing for the petitioner on virtual mode from Bolangir submits that the petitioner had filed CMC No. 145 of 2015 under Section 12 of the DV Act before the learned SDJM, Bolangir on 07.10.2015. The Opposite Party had entered appearance in the case, but after 18.04.2016 the Opposite Party has not appeared in the case. The case which had been filed in the Court of the learned SDJM, Bolangir was transferred to the

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Page 1 of 3

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Court of the learned JMFC, Bolangir on 15.09.2017. On 04.03.2020, the petitioner has adduced evidence examining herself as P.W.1 and another witness as P.W.2 and their evidence was closed on the same day. On 19.01.2026, petitioner had filed a memo praying for disposal of the case. But on 19.01.2026, learned JMFC, Bolangir adjourned the case to 17.02.2026.

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Although the order sheet after 19.01.2026 has not been provided. Mr. M. Sahu, learned counsel for the petitioner submits that he has taken instructions and found out that the case had been sent to mediation on 12.03.2026 and it has been now adjourned to 15.05.2026. He submits that till date the petitioner has not received any notice from the mediation center. He also submits that the chance of amicable settlement through mediation is not possible as the Opposite Party has married in the meanwhile and has been blessed with a child. He therefore prays that a direction may be issued to the Opposite Party to dispose of the Criminal Misc. Case No. 145 of 2015 within a stipulated time.

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Perusal of the order sheet of the learned Magistrate reveals that the case has been adjourned on various dates without sufficient cause. Section 12(5) of the DV Act provides that application under Section 12 should be disposed of within a period of 60 days from the

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Page 2 of 3

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date of its first hearing.

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In view of the submissions of the learned counsel for the

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petitioner and the provision of Section 12(5) of the DV Act and as the case is pending since 2015, the CRLMP is disposed of directing

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the learned JMFC, Bolangir to complete the proceedings expeditiously, preferably within a period of four months from the date of receipt of this order from the Registry.

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Copy of this order be communicated to the learned JMFC, Bolangir forthwith.

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(Savitri Ratho) Judge

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Subhalaxmi

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Signature Not Verified

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Digitally Signed Signed by: SUBHALAXMI PRIYADARSHANI SAHOO Reason: Authentication Location: Orissa High Court, Cuttack Date: 07-May-2026 20:35:27

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Page 3 of 3

Photo Sahu v. Purandar Sahu

Case brief

What is this about?

What did the court decide?

Photo Sahu v. Purandar Sahu

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

Coram

Case details

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