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2025 DAILYLAW 47752 (ORI)

BINAY KUMAR PATRA v. STATE OF ODISHA

ABLAPL/8661/2025 · 2025-08-01

V Narasingh

body2025

Judgment text

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p. 1 IN THE HIGH COURT OF ORISSA AT CUTTACK ABLAPL No. 8661 of 2025 Binay Kumar Patra …. Petitioner Mr. B.K. Sahoo, Advocate -versus- 1. State of Odisha 2. Vasadi Neelima …. Opposite Parties Mr. S. K. Lenka, ASC CORAM: JUSTICE V. NARASINGH Order No. ORDER 01.08.2025 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 FIR likely to be instituted at the instance of Opposite Party No.2. 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, 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 and reiterated in the case of Dhanraj Aswani vs. Amar S. Mulchandani p. 2 & Ors. 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 Petitioner. 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 Santoshi