Diptikanta Nayak v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No.13445 of 2022 Diptikanta Nayak ....

Petitioner Mr. Byomakesh Tripathy, Advocate -versusState of Odisha ....

Opposite Party Mr. M.K. Mohanty, A.S.C.

CORAM:

JUSTICE A.K.MOHAPATRA

ORDER

19.10.2022 Order No.

01.

1.

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

2.

Heard learned counsel for the Petitioner and learned Addl. Standing Counsel for the State.

3.

Apprehending arrest by police in a case likely to be lodged by the proposed Informant, the Petitioner has approached this Court for protection under Section 438, Cr.P.C.

4.

Learned counsel for the Petitioner submits that although no F.I.R. has been lodged against the Petitioner, but the Petitioner is being harassed by the police, as he is being repeatedly summoned to the P.S. and compelled to sit at the P.S. for hours together. 5.

Learned counsel for the State, on instruction, submits that till date no F.I.R. has been registered as yet.

// 2 // 6.

Considering such submission and further considering the fact that no F.I.R. has been registered against the Petitioner till date, there is no reason of apprehension of arrest of the Petitioner. However, it is observed that, in the event any F.I.R. is registered against the Petitioner in connection with the present case, in such event the Arresting Officer shall follow the mandatory procedure of Section 41-A, Cr.P.C. in view of the judgment of the Hon'ble Supreme Court in the case of Arnesh Kumar vs. State of Bihar and another, (2014) 8 SCC 273, and shall see if the same ratio is applicable here in this case.

7.

With the aforesaid observations, the ABLAPL is disposed of. 8.

Urgent certified copy of this order be granted as per rules. (A.K. Mohapatra) Judge S.K.Parida