Ganapati Nayak vs Jamuna Nayak And Another

K.R. Mohapatra, J

I.A. No. 262 of 2023

This matter is taken up through hybrid mode.

This is an application for modification of the order dated 28th March, 2023 by which the RPFAM was disposed of.

While disposing of the RPFAM, this Court directed that in the event the Petitioner files an application under proviso to Section 126(2) Cr.P.C. before learned Judge, Family Court, Berhampur in Cr.P. No.195 of 2011 within a period of three weeks, the same shall be considered in accordance with law, giving opportunity of hearing to the parties concerned. It was also observed that while adjudicating the petition for condonation of delay, learned Judge, Family Court, Berhampur shall take into consideration the pendency of RPFAM before this Court from 4th September, 2014 till the date of the said order along with other grounds. It is submitted that the Petitioner obtained the certified copy of the order on 3rd April, 2023 and filed the application under Section 126(2) Cr.P.C. on 24th May, 2023. Thus, there is one day delay in filing the petition, as directed by this Court. Although learned Judge, Family Court, Berhampur received the said application, but is not proceeding with the matter. Hence, the Petitioner has filed this I.A. for modification of the said order.

Considering the submission of learned counsel for the Petitioner and on perusal of the record, it appears that the Petitioner filed a petition under Section 126(2) Cr.P.C. on 25th April, 2023 and upon receipt of the said application, the matter was posted to 3rd May, 2023 for compliance of office objection. Thus, the contention of learned counsel for the Petitioner that learned Judge, Family Court, Berhampur is not proceeding with the matter, is not correct.

The Petitioner, therefore, may take appropriate steps before learned Judge, Family Court, Berhampur in accordance with law.

The I.A. is accordingly disposed of.

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

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