Orissa High Court

ABLAPL/10248/2026 of KALINGA KISHORE DASH Vs STATE OF ODISHA on 9 September 2026

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of 2 IN THE HIGH COURT OF ORISSA AT CUTTACK ABLAPL No.10248 of 2026 CNR No.ODHC010676342026 Kalinga Kishore Dash … Petitioner Mr. S. K. Mahanty, Advocate -versus- 1. State of Odisha 2. Sulekha Kumar Panda …. Opposite Parties Mr. S. K. Lenka, ASC CORAM: JUSTICE V. NARASINGH Order No.

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No.10248 of 2026

CNR No.ODHC010676342026

Kalinga Kishore Dash

…

Petitioner

Mr. S. K. Mahanty, Advocate

-versus-

1. State of Odisha

2. Sulekha Kumar

Panda

….

Opposite Parties

Mr. S. K. Lenka, ASC

CORAM: JUSTICE V. NARASINGH

Order No.

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ORDER

09.09.2026

01.

1. Heard learned counsel for the Petitioner and learned counsel for the State.

2. This ABLAPL has been filed apprehending arrest consequential to an F.I.R. likely to be instituted before Dharmasala Police Station.

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 Petitioner, this Court prima facie is not persuaded to hold that on the touchstone of the principles 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 Vrs. Amar

S. Mulchandani & Ors. reported in (2024) 10 SCC 336, there is any reasonable apprehension of arrest of the Petitioner.

4. Liberty is granted to the Petitioner to renew his prayer, if there is any fresh cause of action to apprehend arrest.

5. Accordingly, the ABLAPL stands disposed of.

(V. NARASINGH)

Judge

Jina Digitally Signed Signed by: JINA DIGAL Reason: Authentication Location: High Court of Orissa Date: 10-Sep-2026 19:08:10 Signature Not Verified

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