Dasarath Prasad Gupta v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No.12014 of 2022 Dasarath Prasad Gupta ....

Petitioner Mr. Bhabani Shankar Mishra, Advocate -versusState of Odisha ....

Opposite Party Mr. S.Mishra, A.S.C.

CORAM:

JUSTICE A.K.MOHAPATRA

ORDER

23.09.2022 Order No.

03.

1.

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

2.

It is submitted by the learned counsel for the Petitioner that the Petitioner apprehends his arrest in connection with a case to be lodged by his daughter-in-law. It is further submitted by the learned counsel for the Petitioner that earlier a case under section 498-A of the Indian Penal Code was registered at the instance of the daughterin-law against his son, wherein his son has been acquitted. Now the Petitioner apprehends that a case is likely to be registered against the Petitioner. He further submits that no case has yet been registered. 3.

Considering such submission, there is no apprehension of immediate arrest. The ABLAPL is not maintainable. 4.

However, in the event any F.I.R. is registered making allegation against the Petitioner, it is directed the Police to follow the mandatory procedure of Section 41-A of the Cr.P.C. as decided in

// 2 // the case of Arnesh Kumar-v.-State of Bihar if the same is applicable to the facts of the case.

5.

The ABLAPL is disposed of accordingly.

(A.K. Mohapatra) Judge RKS