Bedamati Behera CRLMP No. 830 of 2023[1]

NON-EXECUTION OF NBW BY POLICE AND ITS IMPACT ON FUNDAMENTAL RIGHTS.

FACTUAL BACKGROUND

The Petitioner had filed a Criminal Miscellaneous Petition against the Superintendent of Police, Khurda, and Inspector In-Charge (I.I.C.), Janaki, Police Station for not complying with the directions issued by the JMFC, Jatani. This non-compliance caused the petitioner significant distress.

Key facts of the case include:

• The Petitioner got married to Panu Behera (referred to as Husband) as per the Hindu customs & rites on 20.04.2007. However due to continuous torture and harassment, the petitioner, along with her children, filed an application before the Learned J.M.F.C., Jatni under Sections 17, 18, 19, 21, and 23 of the Protection of Women from Domestic Violence Act, 2005, demanding a maintenance of Rs. 40,000/- per month.

• The JMFC disposed of the case on 27.11.2020, directing the husband to pay Rs. 8,000/- as interim maintenance from the date of filing of the case till its disposal. Despite passage of considerable time, the husband did not comply with the order, leading the petitioner to file an Execution Misc. Case No. 18 of 2021.

• Following to that, the Learned Court issued a Distress Warrant along with a Non-Bailable Warrant against the husband on 17.02.2022 and directed the IIC, Jankia P.S. to produce the husband before the court on 28.02.2022. However, the police did not take any steps.

• The JMFC issued reminders to the IIC, Jankia P.S., on 04.05.2022, 21.06.2022, and 06.08.2022, but the husband of the petitioner was not produced by the I.I.C., Jankia Police Station.

• That even after repetitive reminders and warrants issued to the Police Station, the Police did not comply with the directions, which led to the filing of the Criminal Miscellaneous Petition before this Hon’ble Court.

JUDGEMENT

In light of the aforesaid facts, Hon’ble High Court vide its order dated 17.05.2023 directed the I.I.C., Jankia Police Station to execute the warrant of arrest issued against the husband dated 17.02.2022 within a week time and accordingly disposed of the said petition.

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