Binod Kumar v. State of Odisha
Case at a glance
Key paragraphs
- Para 55. Accordingly, the ABLAPL stands disposed of. (V. NARASINGH) Judge Jina Signature Not Verified Digitally Signed Signed by: JINA DIGAL Designation: Junior Stenographer Reason: Authentication Location: High Court of Orissa Date: 04-Aug-2025 18:17:38
Judgment
Mr. S.R. Pradhan, Advocate -versus-
1. State of Odisha 2. Prativa Panda …. Opposite Parties Mr. S.K. Brahma, ASC CORAM: JUSTICE V. NARASINGH Order No.
Heard learned counsel for the Petitioners and ORDER 01.08.2025 learned counsel for the State.
This ABLAPL has been filed apprehending arrest consequential to an FIR likely to be instituted at the instance of Opposite Party No.2.
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.
Liberty is granted to the Petitioners to renew their prayer, if there is any fresh cause of action to apprehend arrest.
Accordingly, the ABLAPL stands disposed of. (V. NARASINGH) Judge Jina Signature Not Verified Digitally Signed Signed by: JINA DIGAL Designation: Junior Stenographer Reason: Authentication Location: High Court of Orissa Date: 04-Aug-2025 18:17:38
Precedent status how later indexed judgments have treated this case
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