IN THE HIGH COURT OF ORISSA AT CUTTACK CRLMC No. 4929 of 2025 Biswajit Panda ..…... Petitioner(s) Mr. Jyoti Ranjan Kar, Adv. -Versus- State of Odisha & Anr. ……. Opposite Party(s) Ms. PratyushaNaidu, Adv. (for O.P.2) CORAM: DR. JUSTICE SANJEEB K PANIGRAHI ORDER 06.03.2026 Order No. 04. 1. This matter is taken up through hybrid arrangement. 2. This application under Section 482 Cr.P.C. has been filed to quash the execution proceeding as well as the order of attachment dated 09.07.2025 passed by the learned Judge, Family Court, Jajpur in Cr.P (Exn) Case No.136 of 2023. 3. Heard learned counsel for the parties. 4. Learned counsel for the Petitioner submits that the Opposite Party No.2/Informant has filed a petition under Section 125 of Cr.P.C. before the learned Judge, Family Court, Jajpur, against the Petitioner vide Cr.P. Case No.47 of 2018, which was allowed vide the ex parte order dated 25.11.2019 directing the Petitioner to pay Rs. 8000/- per month as interim maintenance. Digitally Signed Signed by: LITARAM MURMU Reason: Authentication Location: OHC Date: 09-Mar-2026 12:04:05 Signature Not Verified 2 5. Learned counsel for Petitioner further contends that being aggrieved by the said ex parte order, the Petitioner had filed a revision case before this Court vide RPFAM Case No.15 of 2021 which was disposed of on 28.07.2022 with an observation that the Petitioner may move an application under Section 126(2) Cr.P.C. to get the order of ex parte set aside. He further submits that based on the order dated 28.07.2022, the learned Judge, Family Court had passed the final order directing the Petitioner to pay Rs. 10,000/- per month for maintenance to the Opposite Party No.2. 6. Learned counsel for the Petitioner further argues that challenging the order of maintenance dated 04.09.2023 passed by the learned Judge, Family Court, Jajpur in Cr.P. No.47 of 2018, the Petitioner had filed CRLMP No.2013 of 2023 with a prayer to quash/modify the aforesaid order dated 04.09.2023 and the learned court below reviewed the order dated 04.09.2023 directing the Petitioner to pay Rs.7,000/- per month to the Opposite Party No.2. 7. Learned counsel for the Petitioner further submits that before passing of the revisional order dated 11.04.2024, the Opposite Party No.2 has filed a petition under Section 125(3) of Cr.P.C. for executing of the order of maintenance dated 04.09.2023 before the learned Judge, Family Court, Jajpur and the learned Family Judge Digitally Signed Signed by: LITARAM MURMU Reason: Authentication Location: OHC Date: 09-Mar-2026 12:04:05 Signature Not Verified 3 passed the attachment order dated 9.07.2025 against the Petitioner. 8. In such view of the matter, this Court directs the Petitioner to approach the executing court with the revised order dated 11.04.2024 passed by the learned Judge, Family Court, Jajpur in Criminal Proceeding No.47 of 2018. In such event, the executing court shall look into the conduct of the Petitioner in so far as the payment of the maintenance is concerned and pass appropriate order. Accordingly, the order dated 09.07.2025 passed by the learned Judge, Family Court, Jajpur in Cr. P.(Exn.) No.136 of 2023 is modified. 9. It is further directed that an amount Rs.60,000/- stated to have been deposited by the Petitioner before the executing court shall be released in favour of the Opposite Party No.2. 10. It is made clear that this Court does not express any opinion on the merit of the execution proceeding. 11. Accordingly, the CRLMC is disposed of. ( Dr. Sanjeeb K Panigrahi) Judge Murmu