Extracted from the PDF above. The PDF is authoritative.
IN THE HIGH COURT OF ORISSA AT CUTTACK
ABLAPL No.5507 of 2025
1. Jayanti Patra
2. Bansidhar Patra
3. Sanjay Subudhi
4. Subhashree Patra …. Petitioners
Mr. B. Tripathy, Advocate
-versus-
State of Odisha
…. Opposite Party Mr. S.Panda, ASC
CORAM: JUSTICE V. NARASINGH
Order No.
ORDER 13.05.2025
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 in Kandarpur P.S, Dist. Cuttack.
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 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.
4. Liberty is granted to the Petitioners to renew their prayer, if there is any fresh cause of action to apprehend arrest.
5. Accordingly, the ABLAPL stands disposed of.
(V. NARASINGH)
Judge Soumya Designation: Senior Senographer