Extracted from the PDF above. The PDF is authoritative.
IN THE HIGH COURT OF ORISSA AT CUTTACK
ABLAPL No.912 of 2025
1. Jogendra Nath Bhoi
2. Nityananda Das
3. Laxmipriya Das
4. Yosobanta Bhoi
5. Urmila Bhoi
6. Sukanta Bhoi
….
Petitioners
Mr. B. Tripathy, Advocate
-versus-
State of Odisha …. Opposite Party Mr. C.R. Swain, AGA
CORAM: JUSTICE V. NARASINGH
Order No.
ORDER 04.02.2025
01.
1. Heard learned counsel for the Petitioners and
learned counsel for the State.
2. This ABLPAL has been filed apprehending arrest consequential to an F.I.R. to be instituted before the Kandarpur P.S. or Balikuda P.S.
3. Petitioner No.6 is the husband and Petitioner Nos.1 to 5 are the in-laws.
4. There is no cavil about maintainability of ABLAPL in the absence of an F.I.R. But on a close scrutiny of the recitals in the ABLAPL and on
consideration of submissions of the learned counsel
for the Petitioners, on the touchstone of the principles laid down by the Apex Court in the case of Gurbaksh Singh Sibbia & Others Vrs. State of Punjab, reported in (1980) 2 SCC 565 reiterated in Dhanraj Aswani Vrs. Amar S. Mulchandani and others reported in (2024) 10 SCC 336, this Court is ex facie not persuaded to hold that there is any reasonable apprehension of arrest of the Petitioners.
5. Liberty is granted to the Petitioners to renew their prayer, if there is any fresh cause of action to apprehend arrest.
6. Accordingly, the ABLAPL stands disposed of.
(V. NARASINGH)
Judge
PKS