Prasanna Kumar Nath v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No.3663 of 2022 Prasanna Kumar Nath ....

Petitioner Mr. D. Sahu, Advocate -versusState of Odisha and another ....

Opp. Parties Mr. S. Patra, A.S.C.

CORAM:

JUSTICE A.K. MOHAPATRA Order No.

ORDER

22.08.2022 02.

1.

This matter is taken up through Hybrid Arrangement (Virtual /Physical Mode).

2.

The petitioner is apprehending arrest in connection with an F.I.R. likely to be lodged at the instance of the informant and as such the present anticipatory bail application has been filed seeking prearrest bail. 3.

It is submitted by learned counsel for the petitioner that till date, no F.I.R. has been registered by the police. 4.

Considering the facts and accepting the allegations only under Section 498-A, I.P.C., this Court is of the opinion that in the event such case F.I.R. is registered by the police, the mandatory procedure under Section 41-A of the Code of Criminal Procedure is required to be followed.

5.

In such view of the matter, the ABLAPL is not maintainable and accordingly, the same is dismissed.

// 2 // A free copy of this order be handed over to the learned counsel for the State for communication and compliance. ( A.K. Mohapatra) Judge Jagabandhu