Extracted from the PDF above. The PDF is authoritative.
IN THE HIGH COURT OF ORISSA AT CUTTACK
CRLMP No. 1372 of 2025
Dipika Das …. Petitioner
Ms. R. Rajgarhia, Advocate
-versus-
State of Odisha & Others …. Opp. Parties Mr. R.B. Dash, Addl. P.P.
CORAM:
THE HON’BLE MR. JUSTICE CHITTARANJAN DASH
Order No.
ORDER 31.10.2025
01.
1. Heard learned counsel for the Parties.
2. Referring to the order passed by the learned S.D.J.M. (Sadar), Cuttack in Execution Case No.137 of 2023, the Petitioner seeks the intervention of this Court for a direction to the Opposite Party No.4, to take effective steps for arrest of the Opposite Party No.5.
3. As seen from the case record, in connection with the DV Execution Case No.137 of 2023, the learned S.D.J.M. (Sadar), Cuttack, passed order issuing NBW for non- compliance with the direction passed by the court in the DV proceeding. However, the NBW has not been executed by the police authorities, despite the direction being passed by the court concerned. p. 2
4. Needless to say that the court concerned that passed the order also need to ensure its execution and the erring authority who does not act on the basis of the judicial order shall be liable to face the consequence in accordance with the provision of law.
5. Keeping in view the aforesaid position, while this Court is not inclined to pass any direction against the erring officials, a direction is passed herein to the court concerned to take all possible measures to ensure execution of the order by the authorities and on its failure to move against the authority itself.
6.
Learned counsel for the State, on the other hand, has placed the written instruction of the I.I.C., Pahal, P.S., Bhubaneswar, UPD, wherein it is disclosed that the raid has been conducted on various occasions in the house of the warrantee, namely Nursingha Rout Ray, but he has been found absconding.
7. The written instructions submitted by the I I.I.C., Pahal, P.S., Bhubaneswar, UPD is taken on record.
8. Be that as it may, the court concerned is once again
directed to ensure the execution of the order of NBW by the authorities and to take up the matter in the Police Magistrate Meeting, right to the Higer authorities of the Police and also p. 3 during the Senior Officers meeting through the District Judge of the Station and in case of further non-compliance, to initiate appropriate proceeding.
9. Accordingly, the CRLMP stands disposed of.
(Chittaranjan Dash) Judge
Sarbani