GANAPATI NAYAK Vs. JAMUNA NAYAK

JUDGEMENT

(1.) This matter is taken up through hybrid mode.

(2.) This is an application for modification of the order dtd. 28/3/2023 by which the RPFAM was disposed of.

(3.) While disposing of the RPFAM, this Court directed that in the event the Petitioner files an application under proviso to Sec. 126(2) Cr.P.C. before learned Judge, Family Court, Berhampur in Cr.P. No.195 of 2011 within a period of three weeks, the same shall be considered in accordance with law, giving opportunity of hearing to the parties concerned. It was also observed that while adjudicating the petition for condonation of delay, learned Judge, Family Court, Berhampur shall take into consideration the pendency of RPFAM before this Court from 4/9/2014 till the date of the said order along with other grounds. It is submitted that the Petitioner obtained the certified copy of the order on 3/4/2023 and filed the application under Sec. 126(2) Cr.P.C. on 24/5/2023. Thus, there is one day delay in filing the petition, as directed by this Court. Although learned Judge, Family Court, Berhampur received the said application, but is not proceeding with the matter. Hence, the Petitioner has filed this I.A. for modification of the said order.