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2026 DAILYLAW 4886 (ORI)

GOLEKHA BEHERA@ GOLEKH CHANDRA BEHERA v. STATE OF ODISHA

CRLMC/415/2026 · 2026-02-24

S K Panigrahi

body2026

Judgment text

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Page 1 of 3. IN THE HIGH COURT OF ORISSA AT CUTTACK CRLMC No.415 of 2026 Golekha Behera @ Golekh Chandra Behera ..... Petitioner (s) Mr. Biraja Prasad Nanda, Advocate -versus- State of Odisha & Anr. ….. Opposite Party(s) Ms. Gayatri Patra, ASC CORAM: THE HON'BLE DR. JUSTICE SANJEEB K PANIGRAHI ORDER Order No. 24.02.2026 03. 1. This matter is taken up through hybrid arrangement. 2. The Petitioner has filed this CRLMC with a prayer to quash the order of NBW issued against the Petitioner in Crl. Misc. Case No.102 of 2025 pending before the learned SDJM, Talcher. 3. Learned counsel for the Petitioner submits that earlier vide order dated 11.01.2017 passed in Crl. Misc. Case No.108 of 2015, the learned SDJM, Talcher directed the Petitioner to pay maintenance of Rs.7,000/- per month to the Opposite Party No.2. However, due to severe financial hardship, irregular employment and unavoidable personal difficulties, the Petitioner could not deposit the said maintenance amount for the period from April, 2024 to April, 2025, resulting in accumulation of arrears. However, the learned Court below, without Digitally Signed Signed by: GITANJALI NAYAK Reason: Authentication Location: OHC Date: 26-Feb-2026 17:51:32 Signature Not Verified Page 2 of 3. considering the intention and financial constraints of the Petitioner has issued warrant vide order dated 05.08.2025. After issuance of NBW, the petitioner filed a petition before the learned Court below by paying a part payment of Rs.10,000/- with a prayer to pay the rest of the arrear maintenance amount on monthly instalment basis and also a prayer for recalling the Order of DW/NBW. But the same was rejected by the learned SDJM, Talcher vide order dated 01.11.2025. The Petitioner is now ready and willing to pay the 50% of the arrear maintenance amount by 18th March, 2026 and rest of the amount shall be paid within three months thereafter in equal installments. 4. In view of such facts and submissions made by the learned counsel for the Petitioner, this Court is inclined to allow the CRLMC. Accordingly, the order dated 05.08.2025 issued against the Petitioner in Crl. Misc. Case No.102 of 2025 by the learned SDJM, Talcher in the aforesaid case, so far it relates to issuance of N.B.W. against the petitioner, is hereby quashed. 5. The Petitioner is directed to surrender before the court in seisin over the matter in the aforesaid case and move for bail within a period of fifteen days hence. On such event, the said court shall release him on bail with some stringent conditions so as to enable him to appear before the court on each date of posting of the case. Digitally Signed Signed by: GITANJALI NAYAK Reason: Authentication Location: OHC Date: 26-Feb-2026 17:51:32 Signature Not Verified Page 3 of 3. 6. Further the Petitioner is directed to pay the 50% of the arrear maintenance amount by 18th March, 2026 and rest of the amount shall be paid within three months thereafter in equal installments. 7. Accordingly, the CRLMC is disposed of. (Dr. Sanjeeb K Panigrahi) Judge Gitanjali