Mohammed Tufail v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No.15706 of 2022 Mohammed Tufail ....

Petitioner Mr. J.N. Panda, Advocate -versusState of Odisha ....

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

CORAM:

JUSTICE A.K. MOHAPATRA Order No.

ORDER

20.10.2022 01.

1.

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

2.

The petitioners are 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 petitioner 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 498-A, I.P.C., 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 273.

// 2 // 5.

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

( A.K. Mohapatra) Judge Jagabandhu