Ranjan Kumar Samantaray v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No.12223 of 2022 Ranjan Kumar Samantaray ....

Petitioner Mr. S.C. Atabudhi, Advocate -versusState of Odisha ....

Opp. Party Mr. P.C. Das, A.S.C.

CORAM:

JUSTICE A.K. MOHAPATRA Order No.

ORDER

14.10.2022 03.

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 State that till date, no F.I.R. has been registered by the police as of now. 4.

Considering the facts and accepting the allegations only under Section 420, I.P.C., and other allied offences, 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 in the case of Arnesh Kumar vrs. State Bihar and another : reported in (2014) 8 SCC

// 2 // 273.

5.

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

( A.K. Mohapatra) Judge Jagabandhu