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Orissa High CourtABLAPL/8395/2022disposed off

Taibub v. State Of Odisha

2022-07-28Mr. Justice Aditya Kumar Mohapatra1 pages

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No.8395 of 2022 Taibub ....

Petitioner Mr. Deepak Kumar Sahoo, Advocate -versusState of Odisha ....

Opposite Party Mr. P.K. Rout, A.G.A.

CORAM:

JUSTICE A.K.MOHAPATRA

ORDER

28.07.2022 Order No.

01.

1.

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

2.

Learned counsel for the Petitioner submits that the present anticipatory bail application has been filed only on the basis of apprehension that the informant might lodge a case against the Petitioner making allegation of the offence under Section 498A/294/506/34, I.P.C. 3.

Since no F.I.R. has been lodged and there is no minimum apprehension of arrest, the Anticipatory Bail Application is not maintainable. Further, in the event of any F.I.R. is lodged under the alleged offences, police is required to comply with the mandatory requirements of Section 41-A of the Cr.P.C.

4.

In such view of the matter, the ABLAPL is disposed of being not maintainable.

(A.K. Mohapatra) Judge S.K.Parida