Subhasish Behera vs State Of Odisha
2023 Latest Caselaw 5365 Ori

                                          IN THE HIGH COURT OF ORISSA AT CUTTACK

                                                     ABLAPL No.4077 of 2023

                                    Subhasish Behera                       ....             Petitioner
                                                                     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. The Petitioner apprehends arrest in connection with the matrimonial dispute with his 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 Petitioner is 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     12:50:31 +05'30'
        S.K. Parida