Orissa High Court
ABLAPL/10056/2026 of RABINDRA NATH PASHAYAT Vs STATE OF ODISHA on 2 September 2026
of 2 IN THE HIGH COURT OF ORISSA AT CUTTACK ABLAPL No.10056 of 2026 CNR No.ODHC010658192026 1. Rabindra Nath Pashayat 2. Mahendranath Pashayat 3. Jadabendra Pashayat … Petitioners Mr. D. Mohapatra, Advocate -versus- 1. State of Odisha 2. Bharati Mohapatra …. Opposite Parties Mr. S.
IN THE HIGH COURT OF ORISSA AT CUTTACK
ABLAPL No.10056 of 2026
CNR No.ODHC010658192026
1. Rabindra Nath
Pashayat
2. Mahendranath
Pashayat
3. Jadabendra
Pashayat
…
Petitioners
Mr. D. Mohapatra, Advocate
-versus-
1. State of Odisha
2. Bharati Mohapatra
….
Opposite Parties
Mr. S. K. Lenka, ASC
CORAM: JUSTICE V. NARASINGH
Order No.
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ORDER
02.09.2026
01.
1. Heard learned counsel for the Petitioners and learned counsel for the State.
2. This ABLAPL has been filed apprehending arrest consequential to an F.I.R. likely to be instituted in Raghunathpur Police Station or any other Police Station in the District of Jagatsinghpur.
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 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 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
Jina Digitally Signed Signed by: JINA DIGAL Reason: Authentication Location: High Court of Orissa Date: 03-Sep-2026 19:45:27 Signature Not Verified