High CourtsSingle Bench(2023) 04 OHC CK 0265

Susmita Nanda vs Nishith Ranjan Parida

Orissa High Court · Decided on 27 April 2023

HON’BLE JUDGES
Savitri Ratho, J
RESULT
Disposed Of
CASE NUMBER
TRP (C) No.297 Of 2022

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Judgment

11 paragraphs · 297 words

Savitri Ratho, J

I.A. No.427 of 2022 & TRP (C) No.297 of 2022

1.

This Interlocutory Application has been filed by the petitioner for modification of the order dated 24.08.2022 passed in TRP (C) No.297 of 2022.

2.

It has been stated that due to inadvertent mistake, learned counsel for the petitioner could not bring to the notice of this Court that the correct P.S. Case number was Berhampur Mahila P.S. Case No.0170 dated 15.09.2022 and not P.S. Case No.1038. The number 1038 mentioned to be Berhampur Mahila P.S. Case is actually the Station Diary No.1038 dated 07.06.2022 and the P.S. Case was subsequently registered as Berhampur Mahila P.S. Case No.0170 on 15.09.2022.

3.

Perusal of paragraph-4 of the TRP (C) petition reveals that it has been mentioned that the petitioner-wife has filed complaint case vide P.S. case vide 1038 dated 07.06.2022 before the Mahila P.S. at Berhampur. The P.S. Case No. in order dated 24.08.2022 was mentioned on the basis of this incorrect averment in the petition. As no P.S. case has been registered when order dated 24.8.2022 has been passed, the P.S. case number cannot be corrected in the said order. So, the words shall remain as it is.

4.

But in view of the averments in this I.A. and in order to avoid confusion, it is clarified that P.S. Case No.170 of 2022 has been registered subsequently and 1038 was the Station Diary Entry number.

5.

The I.A. is accordingly disposed of.

TRP (C) No.297 of 2022

1.

Mr.A.P.Bose, learned counsel for the opposite party serves a copy of the objection on Mr.B.P.Panda, learned counsel for the petitioner in Court today. The case may be listed before the assigned Bench for disposal.

2.

Interim order passed earlier shall continue till the next date.

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