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2025 DAILYLAW 776 (ORI)

ANUP KHILLAR v. STATE OF ODISHA

ABLAPL/15012/2025 · 2026-01-05

V Narasingh

body2025

Judgment text

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p. 1 IN THE HIGH COURT OF ORISSA AT CUTTACK ABLAPL No.15012 of 2025 Anup Khillar … Petitioner Mr. R. R. Dash, Advocate -versus- State of Odisha …. Opposite Party Mr. S. Panda, ASC CORAM: JUSTICE V. NARASINGH Order No. ORDER 05.01.2026 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. is to be instituted before Mangalabag Police Station, Purighat Police Station or Mahila Police Station, 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 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 and reiterated in the case of Dhanraj Aswani Vrs. Amar p. 2 S. Mulchandani & Ors. reported in (2024) 10 SCC 336, 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 Jina