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2000 Supreme(Ori) 536

L.MOHAPATRA
DEBENDRA NATH LENKA – Appellant
Versus
ANJANA PAIKRAY – Respondent


Advocates Appeared:
C.R. Swain and B. Mohanty-3, for the Appellant; B.H. Mohanty, S.C. Mohanty, J.K. Bastia, R.N. Panda, R.K. Nayak and B. Das for Opp. Party Nos. 1 and 2, A.K. Swain and A.P. Mishra for Opp. Party No. 3, for the Respondent

JUDGMENT :

L. Mohapatra, J. - This is an application u/s 482, Code of Criminal Procedure for direction to quash the orders passed in Criminal Proceeding No. 302 of 1992 and Criminal proceeding No. 145 of 1994 for realisation of the arrear maintenance amount from the Petitioner and also to quash the order dated 24.9.98,issuing non-bailable warrant of arrest against the Petitioner.

2. Opposite party No. 1 is the wife of opposite party No. 3 and opposite party No. 2 is the daughter of opposite parties 1 and 3. Opposite parties 1 and 2 had filed an application u/s 125, Code of Criminal Procedure before the learned Judge. Family Court, Cuttack, claiming maintenance against opposite party No. 3. The said proceeding was decided ex parte on 18.6.92 and opposite party No. 3 was directed to pay maintenance at the rate of Rs. 400/- per month, i.e. Rs. 300/- for the wife-opposite party No. 1 and Rs. 100/- for the daughter-opposite party No. 2 The said application was registered as Criminal proceeding No. 483 of (99). After disposal of the said petition, opposite parties 1 and 2 filed execution proceeding bearing No. 302 of 1992 for realisation of the arrear amount and another application u/s 128




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