Orissa High Court

ABLAPL/10241/2026 of SHANKAR NARAYAN MOHAPATRA Vs STATE OF ODISHA on 9 September 2026

of 2 IN THE HIGH COURT OF ORISSA AT CUTTACK ABLAPL No. 10241 of 2026 CNR No. ODHC010646112026 1. Shankar Narayan Mohapatra 2. Dakhyaja Mohapatra 3. Ritesh Rout 4. Anshupa Mohapatra 5. Amitabh Mohapatra …. Petitioners Mr. B. Tripathy, Advocate -versus- State of Odisha …. Opposite

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No. 10241 of 2026

CNR No. ODHC010646112026

1. Shankar Narayan

Mohapatra

2. Dakhyaja Mohapatra

3. Ritesh Rout

4. Anshupa Mohapatra

5. Amitabh Mohapatra

….

Petitioners

Mr. B. Tripathy, Advocate

-versus-

State of Odisha

….

Opposite Party

Mr. A.K. Pati, ASC

CORAM: JUSTICE V. NARASINGH

Order No.

ORDER

09.09.2026

01. 1. Heard learned counsel for the Petitioners and learned counsel for the State.

2. This ABLAPL has been filed apprehending arrest pursuant to an F.I.R. likely to be instituted before Infocity P.S. and Mahila P.S., Bhubaneswar, Dist-Khurda.

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, this Court is ex-facie not persuaded to hold that on the touchstone of the

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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 vs. Amar S. Mulchandani & Ors. reported in (2024) 10 SCC 336, 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

Ayesha

Digitally Signed Signed by: AYESHA ROUT Designation: Senior Stenographer Reason: Authentication Location: High Court of Orissa, Cuttack Date: 10-Sep-2026 18:42:04 Signature Not Verified

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