Akash Ranjan Badajena vs State Of Odisha
2023 Latest Caselaw 5699 Ori

                            IN THE HIGH COURT OF ORISSA AT CUTTACK

                                            ABLAPL No.4346 of 2023

                        Akash Ranjan Badajena                 ....          Petitioner
                                                     Mr.Byomakesh Tripathy, Advocate
                                                     -versus-

                        State of Odisha                      ....          Opp. Party
                                                             Mr.Debasis Biswal, ASC

                                  CORAM:
                                  JUSTICE CHITTARANJAN DASH
                                            ORDER

Order No. 10.05.2023

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

2. The Petitioner apprehends arrest in connection with the matrimonial discord with his wife.

3. 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 case of Arnesh Kumar vs. State of Bihar and another reported in (2014) 8 SCC 273.

4. With the above observation, the Petitioner is permitted to withdraw this application with liberty to file if any cause of action arises.

5. The ABLAPL is accordingly disposed of.

(Chittaranjan Dash) Judge KC Bisoi

KRUSHNA Digitally KRUSHNA signed by

CHANDRA CHANDRA BISOI Date: 2023.05.11 BISOI 20:19:36 +05'30'