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Orissa High CourtABLAPL/15386/2022disposed off

Chellapa Viswanathan v. State Of Odisha

2022-12-19Mr. Justice Aditya Kumar Mohapatra2 pages

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No.15386 of 2022 Sri Chellapa Viswanathan ....

Petitioner Mr. R.K. Mallick, Advocate -versusState of Odisha ....

Opp. Party Mr. S.N. Das, ASC

CORAM:

JUSTICE A.K. MOHAPATRA Order No.

ORDER

19.12.2022 01.

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 one Sudhir Kumar Nayak in Saheed Nagar Police Station at Bhubaneswar, and as such the present anticipatory bail application has been filed seeking pre-arrest bail.

3.

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

Considering the nature of allegation, 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

// 2 // maintainable and accordingly, the same is dismissed. ( A.K. Mohapatra) Judge Debasis