Trilochan Sethi & Others vs State Of Odisha
2023 Latest Caselaw 2647 Ori

                    IN THE HIGH COURT OF ORISSA AT CUTTACK
                                   ABLAPL No.2887 of 2023

                 Trilochan Sethi & Others               ....            Petitioners
                                                           Ms. Aditi Hota, Advocate
                                             -versus-
                 State of Odisha                        ....        Opposite Party
                                                          Mr. M.K. Mohanty, A.S.C.

                             CORAM:
                             JUSTICE CHITTARANJAN DASH
                                         ORDER

Order No. 31.03.2023

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

2. Learned counsel for the Petitioners submits that no F.I.R. has been registered as yet to the notice of the Petitioners. But, it is apprehended that pursuant to the matrimonial discord, there is likelihood that F.I.R. against the husband and the in-law family members may be lodged at Angul Sadar P.S. / Sambalpur P.S. / Bantala P.S.

3. In that view of the matter, in case the offences only relate to the matrimonial discord and no grievous offence is added against the Petitioners, it is expected that the investigating agency should resort to the provision of Section 41-A, Cr.P.C, if permissible under the law and within the ambit of the Judgment of the Apex Court in the case of Arnesh Kumar vs. State of Bihar and another, (2014) 8 SCC 273.

4. With the aforesaid observation, the Petitioners are permitted to withdraw this bail application with liberty to file, if fresh cause of action arises. The ABLAPL stands disposed of accordingly.

                                                        (Chittaranjan Dash)
S.K. Parida                                                   Judge