Orissa High Court
ABLAPL/10286/2026 of BHIKARI CHARAN MALLICK Vs STATE OF ODISHA on 10 September 2026
of 2 IN THE HIGH COURT OF ORISSA AT CUTTACK ABLAPL No. 10286 of 2026 CNR No. ODHC010654402026 1. Bhikari Charan Mallick 2. Bharati Mallick 3. Mamata Mallick 4. Raghunath Mallick 5. Deepali Mallick 6. Kailash Chandra Mallick …. Petitioners Mr. B. Tripathy, Advocate -versus- State of Odisha
IN THE HIGH COURT OF ORISSA AT CUTTACK
ABLAPL No. 10286 of 2026
CNR No. ODHC010654402026
1. Bhikari Charan
Mallick
2. Bharati Mallick
3. Mamata Mallick
4. Raghunath Mallick
5. Deepali Mallick
6. Kailash Chandra
Mallick
….
Petitioners
Mr. B. Tripathy, Advocate
-versus-
State of Odisha
….
Opposite Party
Mr. S.S. Routray, ASC
CORAM: JUSTICE V. NARASINGH
Order No.
ORDER
10.09.2026
01. 1. Heard learned counsel for the Petitioners and learned counsel for the State.
2. This ABLAPL has been filed by the Petitioners apprehending arrest pursuant to an F.I.R. likely to be instituted in Salipur P.S., Cuttack.
3. There is no cavil about maintainability of ABLAPL in the absence of an F.I.R. But on a close scrutiny of the recitals in the ABLAPL and on consideration of submissions of the learned counsel for the Petitioners, on the touchstone of the principles
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laid down by the Apex Court in the case of Gurbaksh Singh Sibbia & Others Vrs. State of Punjab, reported in (1980) 2 SCC 565 and reiterated in the case of Dhanraj Aswani vs. Amar S. Mulchandani & Ors. reported in (2024) 10 SCC 336, this Court is ex-facie not persuaded to hold that there is any reasonable apprehension of arrest of the Petitioners.
4. Liberty is granted to the Petitioners to renew their prayer, if there is any fresh cause of action to apprehend arrest.
5. Accordingly, the ABLAPL stands disposed of.
(V. NARASINGH)
Judge
Santoshi
Digitally Signed Signed by: SANTOSHI LENKA Reason: Authentication Location: High Court of Orissa, Cuttack Date: 12-Sep-2026 15:01:09 Signature Not Verified
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