Raghunath Ota & Others vs State Of Odisha
2023 Latest Caselaw 5363 Ori

                                         IN THE HIGH COURT OF ORISSA AT CUTTACK

                                                    ABLAPL No.4080 of 2023

                                   Raghunath Ota & Others                 ....            Petitioners
                                                                   Mr. Byomakesh Tripathy, Advocate
                                                               -versus-
                                  State of Odisha                         ....        Opposite Party
                                                                          Mr. Debasish Biswal, A.S.C.


                                            CORAM:
                                            JUSTICE CHITTARANJAN DASH
                                                          ORDER

Order No. 05.05.2023

01. 1. Petitioners are in-law family members and they apprehend arrest in connection with the matrimonial dispute between the husband and wife.

2. If that be so and the offences would not be of grave in nature other than the matrimonial discord, the Investigating Agency may 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 matter of Arnesh Kumar vs. State of Bihar and another, (2014) 8 SCC 273.

3. With the above observation, the Petitioners are permitted to withdraw this application with liberty to file, if fresh cause of action arises.

4. The ABLAPL stands disposed of accordingly.

                                                                          ( Chittaranjan Dash )
                                                                                 Judge
  SAMIR     Digitally signed
            by SAMIR KUMAR
  KUMAR PARIDA
            Date: 2023.05.08
  PARIDA 12:51:19 +05'30'
     S.K. Parida