Extracted from the PDF above. The PDF is authoritative.
p. 1 IN THE HIGH COURT OF ORISSA AT CUTTACK
CRLMP No. 414 of 2026
Priyambada Mohapatra …. Petitioner
Mr. Pabitra Kumar Nayak, Advocate
-versus-
1. State of Odisha
2. Deputy Commissioner of Police, Cuttack
3. The Inspector-in-Charge, Chauliaganj Police Station, Cuttack
4. Pratap Kumar Mohapatra
….
Opposite Parties
Mr. Saroj Kumar Rout, Additional Standing Counsel
CORAM:
THE HON’BLE MISS JUSTICE SAVITRI RATHO
Order No.
ORDER 08.04.2026
01.
(Through hybrid mode)
1. This CRLMP has been filed praying for a direction to the Opposite Party No.3 for executing the NBW of arrest issued against Opposite Party No.4 by the learned JMFC-IV, Bhubaneswar in Criminal Execution Case No.30 of 2024 which arises out of CMC No.43 of 2022 on 12.09.2025.
2. Mr. P.K. Nayak, learned counsel for the Petitioner submits that in spite of order of learned Magistrate passed on 12.09.2025 that on 15.11.2022, the learned JMFC-IV Bhubaneswar in CMC No.43 p. 2 of 2022 had directed the Opposite Party for paying the interim maintenance of Rs.20,000/- per month and this was modified to Rs.10,000/- by this Court. But since the Opposite Party did not pay anything towards the interim maintenance, on 12.09.2025, NBW of arrest has been issued by the learned Magistrate against the Opposite Party No.4.
3. This Court is not the executing authority of the learned Magistrate.
4. But once a direction for issuing DW or NBW is issued by a Magistrate, it is incumbent on the concerned Inspector-in-Charge of the Police Station within whose jurisdiction the Opposite Party is residing to execute any DW or NBW of arrest which is issued by a competent Court of law in the present case, it is the learned JMFC- IV, Bhubaneswar.
5. The CRLMP is accordingly disposed of with the aforesaid observation.
(Savitri Ratho)
Judge
RKS