Orissa High Court

ABLAPL/9210/2026 of SANTANU BEHERA Vs STATE OF ODISHA on 13 August 2026

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of 2 IN THE HIGH COURT OF ORISSA AT CUTTACK ABLAPL No. 9210 of 2026 CNR No. ODHC010595382026 Santanu Behera …. Petitioner Mr. B. Tripathy, Advocate -versus- State of Odisha …. Opposite Party Mr. S.K. Lenka, ASC CORAM: JUSTICE V. NARASINGH Order No. ORDER 13.08.2026 01. 1. Heard

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No. 9210 of 2026

CNR No. ODHC010595382026

Santanu Behera

….

Petitioner

Mr. B. Tripathy, Advocate

-versus-

State of Odisha

….

Opposite Party

Mr. S.K. Lenka, ASC

CORAM: JUSTICE V. NARASINGH

Order No.

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ORDER

13.08.2026

01. 1. Heard learned counsel for the Petitioner 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 Dhenkanal Sadar P.S., Dist.-Dhenkanal and Gopa P.S., Dist.-Puri.

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 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 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 Ayesha

Digitally Signed Signed by: AYESHA ROUT Designation: Senior Stenographer Reason: Authentication Location: High Court of Orissa, Cuttack Date: 14-Aug-2026 18:05:14 Signature Not Verified

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