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2025 DAILYLAW 4209 (ORI)

PRATIMA BASTIA v. STATE OF ODISHA

CRLMP/1471/2025 · 2026-02-26

Miss Savitri Ratho

body2025

Judgment text

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p. 1 IN THE HIGH COURT OF ORISSA AT CUTTACK CRLMP No. 1471 of 2025 Pratima Bastia …. Petitioner Ms. Smita Das, Advocate -versus- 1. State of Orissa 2. The Superintendent of Police, Cuttack Rural 3. The I.I.C. Niali Police Station 4. Arubinda @ Aru Bastia 5. Dillip Raj Bastia 6. Pratima Bastia 7. Babi Bastia …. Opp. Parties Mr. Sarathi Jyoti Mohanty, Additional Standing Counsel CORAM: HON’BLE MISS JUSTICE SAVITRI RATHO ORDER Order No. 26.02.2026 (Through hybrid Mode) 04. 1. The CRLMP has been filed with the following prayer:- “It is therefore prayed that your lordship may graciously be pleased to Admit this case, issue notice to the opp. Parties call for the LCR from the custody of Register Civil Court, Cuttack in GR Case No- 74/2021 and after going through the LCR and hearing from both the sides may pass an order directing the Register Civil Court in returning back the case record to JMFC, Niali. p. 2 And further pass an order directing the trial Court to execute the NEW issued on 21.01.2023 against the opp. Party for ends of justices and for proper adjudication of the case. And for this act of kindness, the petitioner as in duty bound shall ever pray.” 2. Mr. Sarathi Jyoti Mohanty, learned Additional Standing Counsel submits that the affidavit of the I.I.C., Niali Police Station has been e-filed on 25.02.2026. Referring to the affidavit, he submits that charge sheet in this case has been submitted in the case against (i) Aru Bastia @ Arubinda Bastia, (ii) Pratima Bastia, W/o. Alekha Bastia and (iii) Dillip Raj Bastia, S/o. Alekha Bastia, but the learned counsel for the Petitioner has also arrayed one Babi Bastia, W/o. Dillip Raj Bastia as an Opposite Party in this CRLMP. But the question of arresting her does not arise. He further submits that the I.O. has stated that Dillip Raj Bastia has been arrested on 23.02.2026 and as Pratima Bastia is an old lady and serious patient, she could not be apprehended and Arubinda Bastia absconded from the locality, he could not be arrested and as he is not using any mobile phone after he is released on bail in CRLMC Execution Case No. 118 of 202, he has absconded from the locality. 2. Since Arubinda Bastia, the husband of the Petitioner, is the main accused in the case, the I.I.C., Niali Police Station should take steps for execution of the NBW which has been issued against him expeditiously, preferably within a period of one month from today. p. 3 3. Ms. Smita Das, learned counsel for the Petitioner submits that the property details of the absconding accused will be submitted in the learned trial Court today. If the property details are submitted, it is expected that learned J.M.F.C., Niali shall proceed under Sections 83 of Cr.P.C./ Section 85 of the BNSS, against the absconding accused forthwith. 4. With this observation, the CRLMP is disposed of. 5. Urgent certified copy of this order be granted on proper application. (Savitri Ratho) Judge Sukanta