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2015 DIGILAW 495 (ORI)

SIMANCHALA PRADHAN v. STATE

2015-08-21

S.K.SAHOO

body2015
JUDGMENT : This is an application filed by the informant-opposite party no.2 to pass an appropriate order as the petitioner Simanchal Pradhan has not complied with the terms and conditions of the agreement executed between the parties which was filed in this Court by way of a joint affidavit on 16.12.2014 on the basis of which the petitioner was granted anticipatory bail. The opp.party no.2- informant is present in person so also the interveners Murali Pradhan and Bhagaban Badatya. It is mentioned in the misc.case that on the basis of the compromise effected between the parties the bail application (BLAPL No.9878 of 2014) was disposed of on 17.12.2014 and in spite of the joint affidavit the petitioner Simanchal Pradhan did not agree to file the petition for mutual divorce on 9.1.2015 and due to non-cooperation of the petitioner the divorce petition could not be filed even though the opp.party no.2-informant was present on 9.1.2015 before the learned Judge Family Court Berhampur as per previous agreement. It is stated that the petitioner has violated the order of this Court dated 17.12.2014 and accordingly it is prayed that the interveners be directed to hand over the fixed deposit amount of Rs. 700000- with all accrued interest to the opp.party no.2-informant kept in Andhra Bank Digapahandi Branch. Notice in the Misc.case no. 195 of 2015 was issued to the petitioner on 6.2.2015 and requisites were filed by the learned counsel for the informant-opp.party no.2 for service of notice on the petitioner by speed post with proof of delivery. Steps were again taken in pursuance of the order dated 1.5.2015 by the learned counsel for the informant-opp.party no.2 for service of notice on the petitioner. The notice returned back with endorsement that no such addressee is present in the given address. Again vide order dated 31.7.2015 the informant- opp.party no.2 was directed to take fresh steps for service of notice on the petitioner and accordingly requisites were filed but the speed post notice returned unserved with endorsement that the addressee absent at home. The notice returned back with endorsement that no such addressee is present in the given address. Again vide order dated 31.7.2015 the informant- opp.party no.2 was directed to take fresh steps for service of notice on the petitioner and accordingly requisites were filed but the speed post notice returned unserved with endorsement that the addressee absent at home. Learned counsels for the informant- opp.party no.2 as well as the interveners who belong to the same village of the petitioner i.e. village Bamkei stated that the interveners have personally intimated the family members of the petitioner as well as the petitioner about the issuance of notice by this Court in the Misc.Case and also the dates fixed from time to time. Learned counsels for the informant- opp.party no.2 submits that deliberately the petitioner is avoiding to receive the notice taking advantage of the grant of anticipatory bail in his favour vide order dated 17.12.2014. Learned counsel for the informant- opp.party no.2 also submits that as per the joint affidavit filed by the parties the petitioner was supposed to return the papers of the CBZ Motorcycle vehicle bearing Registration No. -07-X-2987 to the opp.party no.2 on or before 9.1.2015 which has not been done. He further submits that even though in the joint affidavit it is mentioned that the petitioner shall register the land at Khurda vide sale deed No. 111211022 5611 in favour of the opp.party no.2 but he has also not complied with the same. As per the direction of this Court dated 4.8.2015 and 7.8.2015 the interveners Murali Pradhan and Bhagaban Badataya have produced a Bank Draft of Andhra Bank dated 12.8.2015 bearing No. 399670 of Rs. 700000/-(Rupees Seven Lakh only) in the name of opp.party no.2 Smt. Bhabani Pradhan. Since it is apparent that the petitioner is deliberately playing mischief with the informant-opposite party no.2 after obtaining the anticipatory bail order on 17.12.2014 and not complying with the terms and conditions of the joint affidavit filed before this Court on the basis of which anticipatory bail was granted to the petitioner I am of the view that in the fitness of things and interest of justice the anticipatory bail order passed on 17.12.2014 should be recalled. Accordingly the order of anticipatory bail granted to the petitioner on 17.12.2014 stands recalled. Accordingly the order of anticipatory bail granted to the petitioner on 17.12.2014 stands recalled. The Investigating Officer is at liberty to arrest the petitioner in connection with K.Nuagaon P.S. Case No. 61 of 2014. The Bank Draft of Rs. 700000/- produced by the interveners before this Court today be handed over to the informant- opp.party no.2 by Registrar Judicial on proper identification. The endorsement regarding receipt of the bank draft shall be made in the order sheet by the opp.party no.2. A Xerox copy of the bank draft with endorsement of the opp.party no.2 shall be kept on record. The Misc. case is disposed of. Urgent certified copy of this order be granted on proper application. A copy of the order be handed over to the learned counsel for the State.