Soumya Pr.Dalua v. Smruti Lekha Behera

IN THE HIGH COURT OF ORISSA AT CUTTACK

RPFAM No. 152 OF 2015 Soumya Prakash Dalua and others Petitioners None -versusSmruti Lekha Behera and another ....

Opp. Parties Mr. Janmejaya Ray, Advocate

CORAM:

JUSTICE K.R. MOHAPATRA

ORDER

Order No.

01.08.2022 12.

1.

This matter is taken up through hybrid mode.

2.

None appears for the Petitioners at the time of call. 3.

This RPFAM has been filed assailing the order dated 17th August, 2015 (Annexure-2) passed by learned Judge, Family Court, Bhubaneswar in Criminal Proceeding No.26 of 2015.

4.

On perusal of the impugned order, it appears that due to non-appearance of the Petitioners, the criminal proceeding was disposed of ex-parte. Since the order impugned herein has been passed ex-parte, the Petitioners have a remedy under proviso to Section 126 (2) Cr.P.C. for setting aside the ex-parte order. 5.

As none had appeared on behalf of the Petitioners to pursue the matter, the RPFAM is dismissed for nonprosecution. 6.

The interim order dated 11th November, 2016 passed in Misc. Case No.140 of 2016 stands vacated.

(K.R. Mohapatra) ms Judge