Santosh Behera v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No.919 of 2022 Santosh Behera ....

Petitioner -versus- State of Odisha ....

Opposite Party

CORAM:

THE JUSTICE S.PUJAHARI

ORDER

04.02.2022 01.

1.

This matter is taken up through virtual mode. Order No.

2.

Since this petition does not disclose a real and substantial apprehension of arrest of the Petitioner in connection with Bidanasi P.S. Case, this Court is of the view that this petition is without any substance.

3.

Hence, giving liberty to the Petitioner to file a better application, if real and substantial apprehension arises in future, this petition stands disposed of.

4.

However, as it is stated by the learned counsel for the Petitioner that the police without lodging the F.I.R the Petitioner is being harassed and being called to the Police Station frequently. In view of such submission, this Court directs that if the Petitioner attends the Police Station, he should

// 2 // not be taken to custody without registration of any case relating to torture or harassment to Suchitra Behera and if any case is registered against him, he shall be given a notice under Section 160 Cr.P.C to attend the Police Station well ahead to enable him to approach the Court under Section 438 Cr.P.C. 5.

As restrictions due to resurgence of COVID-19 situation are continuing, learned counsel for the Parties may utilize a printout copy of the order available in the High Court's website, at par with certified copy, subject to attestation by the concerned advocate, in the manner prescribed vide Court's Notice No.4587, dated 25th March, 2020 as modified by Court's Notice No.4798, dated 15th April, 2021 and Court's Office order circulated vide Memo Nos.514 & 515 dated 7th January, 2022.

(S. Pujahari) Judge PKS