Ganesh Chandra Parida v. Rakhismita Parida

IN THE HIGH COURT OF ORISSA AT CUTTACK

CRLMC No.45 of 2022 Ganesh Chandra Parida ....

Petitioner -versusRakhismita Parida & others ....

Opposite Parties CORAM: JUSTICE S.PUJAHARI Order No.

ORDER

03.08.2022 07.

1.

This matter is taken up through hybrid mode.

2.

Heard learned counsel for the Petitioner.

3.

This application under Section 482 of Cr.P.C. has been filed by the Petitioner with a prayer to quash the order dated Gram Nyayadhikari-cum-J.M.F.C., Bhograi in D.V Misc. Case No.27 of 2020 wherein the learned J.M.F.C. has allowed the petition filed by the Opposite Party No.1-wife under Section 23 of the P.W.D.V Act.

4.

The impugned order being appealable one, I am not inclined to entertain this petition filed under Section 482 of Cr.P.C. 5.

However, liberty is given to the Petitioner to approach the learned appellate authority in an appeal with a petition for condonation of delay, if any, within twenty days hence and in that event, learned appellate authority shall consider the petition for condonation of delay sympathetically taking note of the facts and

// 2 // circumstances of the case and thereafter, decide the appeal in accordance with law not later than one month thereafter. Certified copy of the impugned order be returned to the learned counsel for the Petitioner by substituting a true copy of the same being attested by the counsel concerned. Furthermore, if the certified copy is not filed in the peculiar facts and circumstances, a true copy of the order impugned also be entertained by the said court. 6.

With the aforesaid order, the CRLMC stands disposed of.

7.

Urgent certified copy of this order be granted on proper application.

(S. Pujahari) Judge PKS