Orissa High Court
ABLAPL/9631/2026 of AFROZ KHAN Vs STATE OF ODISHA on 31 August 2026
of 2 IN THE HIGH COURT OF ORISSA AT CUTTACK ABLAPL No. 9631 of 2026 CNR No. ODHC010592412026 1.Afroz Khan 2.Jamil Ahmad Khan 3.Anjumara Begum …. Petitioners Mr. S.P. Deo, Advocate -versus- State of Odisha …. Opposite Party Mr. S.S. Routray, ASC CORAM: JUSTICE V. NARASINGH Order No.
IN THE HIGH COURT OF ORISSA AT CUTTACK
ABLAPL No. 9631 of 2026
CNR No. ODHC010592412026
1.Afroz Khan
2.Jamil Ahmad Khan
3.Anjumara Begum
….
Petitioners
Mr. S.P. Deo, Advocate
-versus-
State of Odisha
….
Opposite Party
Mr. S.S. Routray, ASC
CORAM: JUSTICE V. NARASINGH
Order No.
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ORDER
31.08.2026
02. 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 at the instance of the Wife of Petitioner No.1.
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 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 Mili
Digitally Signed Signed by: MILI MAHARANA Reason: Authentication Location: High Court of Orissa, Cuttack Date: 01-Sep-2026 16:54:10 Signature Not Verified