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2034 DAILYLAW 4 (ORI)

SIBA NARAYAN CHHOTRAY v. STATE OF ODISHA

ABLAPL/2034/2026 · 2026-04-16

R K Pattanaik

body2034

Judgment text

Extracted from the PDF above. The PDF is authoritative.

IN THE HIGH COURT OF ORISSA AT CUTTACK ABLAPL No.2034 of 2026 Siba Narayan Chhotray …. Petitioner Mr.Ranjan Kumar Rout,Advocate -Versus- State of Odisha …. Opposite Party Mr. M.K. Mohanty, ASC CORAM: MR. JUSTICE R.K. PATTANAIK Order No. ORDER 16.04.2026 01. 1. Heard learned counsel for the respective parties. 2. Instant petition under Section 482 BNSS is filed for pre-arrest bail of the petitioner in connection with Talcher Police Station on the grounds stated therein. 3. Recorded the submission of Mr. Rout, learned counsel for the petitioner. It is submitted that a case under Section 138 is made out if at all considering the claim of the complainant in view of the legal notice dated 5th January, 2026 as at Annexure-1 but the petitioner has been summoned by the local police and likely to be implicated in case under Section 420 IPC, hence, he needs protection. No FIR has been lodged as informed to the Court. It is also informed to the Court by Mr. Rout, learned counsel that pursuant to the notice as per Annexure-1, no complaint under Section 138 of the N.I. Act is filed either. In view of the nature of transaction made to reveal from Annexure-2, a copy of the sale deed dated 29th December, 2010 and submission of Mr. Rout, learned counsel referring to Annexures-3 & 4, this Court is of the view that the petitioner should be granted protection in the event any such report is lodged by the complainant namely, Pravakar Sahu who has received a legal notice vide Annexure-1, so as to enable him to pursue such remedy as available under law either approaching the Court for pre-arrest bail or to avail such other remedy thereafter. 4. Accordingly, it is ordered. 5. In the result, the ABLAPL is disposed of with the direction as aforesaid. It is directed that in the event, any such report is lodged by the above named complainant, the petitioner shall not be immediately taken to custody by the local P.S. at least for a period of four weeks from then for the reason stated above. 6. Issue urgent certified copy as per rules. (R.K. Pattanaik) Judge kabita