Kabauli Sethi v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No.15581 of 2022 Kabauli Sethi and others ....

Petitioners Mr. R.K. Prusty, Advocate -versusState of Odisha and another ....

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

CORAM:

JUSTICE A.K. MOHAPATRA Order No.

ORDER

20.12.2022 01.

1.

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

2.

Mr. Rajat Kumar Panda, learned counsel and his associate enter appearance on behalf of the Informant (Opposite Party No.2) by filing a Vakalatnama in Court today, which be kept on record. 3.

Heard learned counsel for the Petitioner and learned Additional Standing Counsel appearing for the State-Opposite Party No.1 and the learned counsel appearing for the Opposite Party No.2. 4.

The Petitioners are seeking pre-arrest bail in connection with Bhubaneswar Mahila P.S. Case No.139 of 2022, corresponding to C.T. Case No.6417 of 2022, pending in the court of learned S.D.J.M., Bhubaneswar, registered for alleged commission of offences punishable under Sections 498(A)/ 323/ 506/ 494/ 354(A)/ 509/420/406/427/201/511/34 of the I.P.C.

5.

It is submitted by learned counsel for the Petitioner that the Arresting Officer has already been taken resort to the mandatory

// 2 // procedure under Section 41-A of the Code of Criminal Procedure in respect of Petitioner Nos.1 to 3.

6.

In such view of the matter, there is no apprehension of arrest of the Petitioner No.1 to 3.

7.

So far as Petitioner No.4 is concerned, the Arresting Officer is directed to follow the mandatory procedure under Section 41-A of the Code of Criminal Procedure.

8.

With the aforesaid observation, the ABLAPL is disposed of. Urgent certified copy of this order be granted on proper application.

( A.K. Mohapatra) Judge Debasis