Judgment · High Court
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- Para 55. Accordingly, the ABLAPL stands disposed of. (V. NARASINGH) Judge Santoshi Signature Not Verified Digitally Signed Signed by: SANTOSHI LENKA Reason: Authentication Location: High Court of Orissa, Cuttack Date: 19-Aug-2026 18:40:55
Judgment
Mr. B. Tripathy, Advocate -versus- State of Odisha …. Opposite Party Mr. S.K. Lenka, ASC CORAM: JUSTICE V. NARASINGH Order No. 01.
ORDER 18.08.2026 Heard learned counsel for the Petitioners and learned counsel for the State.
This ABLAPL has been filed by the Petitioners apprehending arrest pursuant to an F.I.R. likely to be instituted in Markat Nagar P.S. and Sadar P.S., Cuttack.
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 Santoshi Signature Not Verified Digitally Signed Signed by: SANTOSHI LENKA Reason: Authentication Location: High Court of Orissa, Cuttack Date: 19-Aug-2026 18:40:55
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