Bipin Majhi vs State Of Odisha
2023 Latest Caselaw 11057 Ori

                  IN THE HIGH COURT OF ORISSA AT CUTTACK

                                   ABLAPL No.8274 of 2023

                 Bipin Majhi                            ....              Petitioner
                                                       Mr. S.K. Mishra, Sr. Advocate

                                            -versus-

                 State of Odisha                        ....            Opp. Party
                                                             Mr. P.C. Das, A.S.C.


                                         CORAM:

                            JUSTICE A.K. MOHAPATRA
                                        ORDER

Order No.                              11.09.2023
    01.     1.      This matter is taken up through Hybrid Arrangement
            (Virtual /Physical Mode).

2. Heard learned Senior Counsel appearing for the Petitioner and learned Additional Standing Counsel appearing for the Opposite Party-State.

3. The Petitioner apprehends that he is likely to be arrested in accusation under Section 420 of the I.P.C. made by Smt. Basanti Pradhan in Titilagarh Police Station and, as such, the present bail application has been filed seeking anticipatory bail.

4. It is submitted by the learned Senior Counsel appearing for the Petitioner that the Petitioner is a purchaser of the land from the Smt. Basanti Pradhan by virtue of a registered sale deed. He further contended that apprehending registration of the case at the instance of the proposed informant, the Petitioner has // 2 //

approached this Court by filing the present bail application for protection against arrest in the hands of police.

5. Since a formal F.I.R. is not registered, there is no apprehension at preset. However, in the event an F.I.R. is lodged, the Arresting Officer shall examine as to whether the alleged fact comes within the parameters laid down in the judgment of the the Hon'ble Supreme Court in Arnesh Kumar vrs. State Bihar and another, reported in (2014) 8 SCC 273 and in the event the same falls within the parameters of the said judgment, then necessary steps be taken for compliance of the mandatory provision of Section 41-A of Cr.P.C. before arresting the Petitioner.

6. With the aforesaid observation and direction, the ABLAPL is disposed of.

Urgent certified copy of this order be granted on proper application.

( A.K. Mohapatra) Judge

Debasis

Signature Not Verified Digitally Signed Signed by: DEBASIS AECH Designation: Secretary Reason: Authentication Location: OHC CUTTACK Date: 13-Sep-2023 20:36:44