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2025 DAILYLAW 69042 (ORI)

BANKANIDHI SAHOO v. STATE OF ODISHA

ABLAPL/10909/2025 · 2025-09-23

V Narasingh

body2025

Judgment text

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IN THE HIGH COURT OF ORISSA AT CUTTACK ABLAPL No. 10909 of 2025 1. Bankanidhi Sahoo 2. Kunilata Sahoo 3. Gyanendra Kumar Sahoo …. Petitioners Mr. A.S. Paul, Advocate -versus- State of Odisha …. Opposite Party Mr. S. K. Lenka, ASC CORAM: JUSTICE V. NARASINGH Order No. ORDER 23.09.2025 01. 1. Heard learned counsel for the Petitioners and learned counsel for the State. 2. This ABLAPL has been filed apprehending arrest consequential to an FIR likely to be instituted in Anugul Sadar Police Station. 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 and reiterated in the case of Dhanraj Aswani vs. Amar S. Mulchandani & 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 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 Santoshi