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2026 DAILYLAW 4336 (ORI)

ASHOK KUMAR MOHAPATRA v. STATE OF ODISHA

ABLAPL/3089/2026 · 2026-04-24

V Narasingh

body2026

Judgment text

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p. 1 IN THE HIGH COURT OF ORISSA AT CUTTACK ABLAPL No. 3089 of 2026 1. Ashok Kumar Mohapatra 2. Bikash Kumar Mohapatra 3. Sabitri Mohapatra …. Petitioners Mr. B. Tripathy, Advocate -versus- State of Odisha …. Opposite Party Mr. S. Panigrahi, ASC CORAM: JUSTICE V. NARASINGH Order No. ORDER 24.04.2026 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 before the Begunia Police Station, Dist-Khurda. 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 p. 2 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