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2016 Supreme(Ori) 128

S.K.MISHRA
Shridhar Sahoo – Appellant
Versus
State of Odisha – Respondent


Advocates Appeared:
For the Petitioners: Mr. Niranjan Panda.
For the Respondent:Addl. Government Advocate and M/s. C.R.Nandy, S.Ray, S.K.Rath, C.R.Swain.

JUDGMENT :

S.K.Mishra, J.

In this application under Section 482 of the Code of Criminal Procedure, 1973, hereinafter referred to as the ‘Code’ for brevity, the present petitioners being the petitioners in Crl. Misc. Case No.85 of 2015 of the court of learned S.D.J.M.(S), Cuttack, challenges the order passed by the said Court on 23.05.2015 rejecting the prayer of the petitioners to set aside the ex parte order passed on 26.02.2013 in Crl. Misc. Case No.393 of 2012, which has been filed by the sole opposite party (aggrieved person) under Section 12 of the Prevention of Women from Domestic Violence Act, 2005, hereinafter referred to as the ‘Act’ for brevity.

2. The facts are not disputed at this stage. Originally, the present opposite party-Jayanti Swain has preferred an application under Section 12 of the Act against her husband, father-in-law, step-mother-in-law and step-brother-in-law, who are present petitioners in this case. Her application was registered as Crl. Misc. Case No.393 of 2012. In that case, in pursuance of notice issued to the opposite parties, the present petitioners appeared on 01.11.2012. Subsequently, in spite of repeated adjournments at their instance, no show caus



























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