p. 1 IN THE HIGH COURT OF ORISSA AT CUTTACK CRLMC No.1293 of 2026 Bipin Bihari Sahoo …. Petitioner(s) Mr. Ashutosh Mishra, Adv. -versus- Monalisha Choudhury …. Opposite Party(s) Mr. G.N. Mishra, Sr. Adv. along with Associate CORAM: HON’BLE DR.JUSTICE SANJEEB K PANIGRAHI Order No. 01. ORDER 23.04.2026 1. This matter is taken up through hybrid arrangement. 2. The Petitioner has filed the present CRLMC assailing the order dated 02.04.2026 passed by the learned J.M.F.C. (City), Cuttack in Execution Misc. Case No.152 of 2025, whereby Non-Bailable Warrant of Arrest NBW(A) has been issued against the Petitioner. 3. Heard learned counsel for all the parties. 4. Learned counsel for the Petitioner submits that the Opposite Party married the Petitioner in the year 2009 at Bhubaneswar and out of the said wedlock, a son was born in 2013, who is presently residing with the Petitioner. It is contended that the Opposite Party, without any justifiable cause, left the matrimonial home and subsequently instituted a proceeding under the D.V. Act claiming Digitally Signed Signed by: SIPUN BEHERA Reason: Authentication Location: HIGH COURT OF ORISSA, CUTTACK Date: 29-Apr-2026 12:38:04 Signature Not Verified p. 2 maintenance. The learned Magistrate was pleased to award a sum of Rs.40,000/- per month towards maintenance. Being aggrieved by the said order, the Petitioner has preferred CRLAPL No.131 of 2024, which is presently pending before the learned 3rd Additional Sessions Judge, Cuttack. The said appeal, which was listed on 12.02.2026, stood adjourned to 06.03.2026 on account of Bharat Bandh. 5. In the meantime, in execution proceedings, the learned Magistrate issued both Distress Warrant (D.W.) and Non- Bailable Warrant (NBW) simultaneously for realization of arrear maintenance, which is stated to be illegal, and the Petitioner apprehends arrest pursuant thereto. 6. Learned counsel for the Petitioner further submits that the Opposite Party is an “A” Class contractor having an engineering background and is earning approximately Rs.5,00,000/- per month. It is contended that simultaneous issuance of Distress Warrant and Non-Bailable Warrant is impermissible in law. Challenging the same, the Petitioner approached this Court in CRLMC No.596 of 2026 and this Court, by order dated 25.02.2026, was pleased to quash the NBW subject to deposit of Rs.1,00,000/-, which the Petitioner duly complied with on 02.03.2026. 7. Despite the same, the Opposite Party has initiated another execution proceeding being Execution Case No.152 of 2025 arising out of the self-same D.V. proceeding, p. 3 wherein the learned Magistrate has again issued a conditional NBW for recovery of the same arrears. Such action is alleged to be illegal, amounts to abuse of the process of Court and exposes the Petitioner to the risk of arrest once again. 8. Learned Senior Counsel appearing for the Opposite Party opposes the submissions advanced on behalf of the Petitioner. 9. Considering the submissions made by the parties and upon perusal of the materials on record, this Court finds that the issue relating to recovery of the same arrear amount has already been subject matter of challenge earlier, wherein the NBW was quashed subject to deposit of Rs.1,00,000/-, which has been duly complied with. Issuance of a fresh conditional NBW in respect of the same cause of action, in a subsequent execution proceeding, prima facie amounts to duplication of coercive process and cannot be sustained. 10. Accordingly, the CRLMC application is allowed. The impugned Non-Bailable Warrant (NBW) dated 02.04.2026 is hereby quashed, subject to the condition that the Petitioner shall deposit a further sum of Rs.1,00,000/- (Rupees One Lakh) to the Opposite Party before the learned Court below within such period as may be stipulated. 11. Accordingly, this CRLMC is disposed of. Page 4 of 4 12. Issue urgent certified copy of this order as per Rules. (Dr. Sanjeeb K Panigrahi) Judge Sipun