Kishore Kumar Rath And Others vs State Of Odisha
2023 Latest Caselaw 5701 Ori

                            IN THE HIGH COURT OF ORISSA AT CUTTACK

                                            ABLAPL No.4347 of 2023

                        Kishore Kumar Rath and others   ....          Petitioners
                                               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 Petitioners and the State.

2. The Petitioners apprehend arrest in connection with the matrimonial discord.

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 Petitioners are 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 signed by KRUSHNA CHANDRA CHANDRA BISOI Date: 2023.05.11 BISOI 20:19:52 +05'30'