Orissa High Court
ABLAPL/8118/2026 of KALLAKURI GOLLA BABU Vs STATE OF ODISHA on 8 September 2026
of 3 IN THE HIGH COURT OF ORISSA AT CUTTACK ABLAPL No. 8118 of 2026 CNR No. ODHC010469422026 Kallakuri Golla Babu …. Petitioner Mr. B.K. Sharma, Advocate Mr. S.K. Singh, Advocate -versus- State of Odisha …. Opposite Party Mr. U.C. Jena, ASC Mr. B. P. Pradha, Adv. (Informant) CORAM:
IN THE HIGH COURT OF ORISSA AT CUTTACK
ABLAPL No. 8118 of 2026
CNR No. ODHC010469422026
Kallakuri Golla Babu
….
Petitioner
Mr. B.K. Sharma, Advocate
Mr. S.K. Singh, Advocate
-versus-
State of Odisha
….
Opposite Party
Mr. U.C. Jena, ASC
Mr. B. P. Pradha, Adv. (Informant)
CORAM: JUSTICE V. NARASINGH
Order No.
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ORDER
08.09.2026
04. 1. Heard learned counsel for the Petitioner, learned counsel for the State and learned counsel for the Informant.
2. This Court by order dated 01.09.2026 sought certain clarification both from learned counsel for the Petitioner as well as learned counsel for the State.
The said order reads as under;
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1. Heard Mr. Sharma, learned Senior Counsel instructed by Ms. S.C. Hanuman, learned counsel for the Petitioner, Mr. Panigrahi, learned counsel for the State and Mr. Pradhan, learned counsel for the Informant.
2. During the course of hearing, learned counsel for the State placed reliance on the affidavit filed by the Asst. Commissioner of Police, Zone-IV, Bhubaneswar UPD that the Annexure-3 (page-15) purported to a notice under Section 41A Cr.P.C. is a genuine one.
3. Per contra, learned counsel for the Informant, Mr. Pradhan has taken this Court through the recitals of the Case Diary-XI, XIII, XIV, to substantiate his submission that ex-facie the stand taken in the affidavit militates against the materials on record.
4. This Court has also perused the earlier orders passed in ABLAPL Nos.13604 of 2021, 7921 of 2023 and 8254 of 2024 which are at Flags-A2, A8 & A9 respectively, which prima facie lends credence to the submission of the learned counsel for the Informant.
5. Learned Senior Counsel, Mr. Sharma appearing for the Petitioner seeks an adjournment to obtain instructions.
6. List this matter on 08.09.2026 as the first case on Board irrespective of any other matter so fixed.
7. Learned counsel for the Informant is requested to file an affidavit of Informant indicating the reference to the Case Diary and the inherent contradiction between the same and affidavit of ACP adverted to hereinabove by 07.09.2026 after serving copy thereof on the learned counsel, Mr. Hanuman for the Petitioner and learned State counsel.
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3. During the course of hearing, learned counsel for the Petitioner files a memo, which is taken on record, seeking leave to withdraw this ABLAPL.
4. Accordingly, the ABLAPL stands disposed of as withdrawn.
(V. NARASINGH)
Judge
Santoshi
Digitally Signed Signed by: SANTOSHI LENKA Reason: Authentication Location: High Court of Orissa, Cuttack Date: 10-Sep-2026 18:41:40 Signature Not Verified