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2025 DAILYLAW 25035 (ORI)

ASIT KUMAR BEHERA v. STATE OF ODISHA

ABLAPL/3465/2025 · 2025-04-02

V Narasingh

body2025

Judgment text

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IN THE HIGH COURT OF ORISSA AT CUTTACK ABLAPL No.3465 of 2025 Asit Kumar Behera …. Petitioner Mr. B. Tripathy, Advocate -versus- State of Odisha …. Opposite Party Mr. S.P. Das, ASC CORAM: JUSTICE V. NARASINGH Order No. ORDER 02.04.2025 01. 1. Heard learned counsel for the Petitioner and learned counsel for the State. 2. This ABLAPL has been filed apprehending arrest consequential to an F.I.R. to be instituted in Mahila Police Station, Phulbani and Baliguda Police Station, Dist-Kandhamal. 3. 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 Petitioner, this Court prima facie is not persuaded to hold that 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, there is any reasonable apprehension of arrest of the Petitioners. 4. Liberty is granted to the Petitioner to renew his prayer, if there is any fresh cause of action to apprehend arrest. 5. Accordingly, the ABLAPL stands disposed of. (V. NARASINGH) Judge Jina