Prakash Kumar Nayak v. State of Odisha
Case at a glance
Key paragraphs
- 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: 11-Dec-2025 14:46:28
Judgment
Mr. S. Sarangi, Advocate -versus- State of Odisha …. Opposite Party Mr. S. Panda, ASC CORAM: JUSTICE V. NARASINGH Order No. 01.
ORDER 09.12.2025 Heard learned counsel for the Petitioner and learned counsel for the State.
This ABLAPL has been filed apprehending arrest consequential to an FIR likely to be instituted in Nihalprasad P.S.
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, 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 Petitioner.
Liberty is granted to the Petitioner to renew his 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: 11-Dec-2025 14:46:28
Precedent status how later indexed judgments have treated this case
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