Gita Singh vs State Of Odisha ..... Opposite Parties
2025 Latest Caselaw 2334 Ori

Orissa High Court

Gita Singh vs State Of Odisha ..... Opposite Parties on 10 January, 2025

Author: Aditya Kumar Mohapatra

Bench: Aditya Kumar Mohapatra

                   IN THE HIGH COURT OF ORISSA AT CUTTACK

                                 ABLAPL No.278 of 2025

            Gita Singh                            .....                      Petitioner
                                                              Represented By Adv. -
                                                              Jajati Keshari Khuntia

                                           -versus-
            State Of Odisha                           .....          Opposite Parties
                                                              Represented By Adv. -

                                                              Smt. Sasmita Nayak, ASC

                                 CORAM:
            THE HON'BLE MR. JUSTICE ADITYA KUMAR MOHAPATRA

                                           ORDER

10.01.2025 Order No.

01. 1. This matter is taken up through Hybrid Arrangement (Virtual /Physical Mode).

2. On perusal of the record, it appears that no formal F.I.R. has been registered as of now.

3. Learned counsel for the Petitioner, at the outset, submitted that the Petitioner apprehends her arrest in connection with a case, which is likely to be registered under Section 318(4) of B.N.S., 2023 by one Latika Das in Jharpokharia Police Station. He further submitted that since the police is summoning the Petitioner, the Petitioner apprehends that she might arrested in a case which is likely to be registered in future. Learned counsel for the Petitioner further submitted that the Petitioner does not have any similar criminal antecedent and that she belongs to the locality.

4. Since no formal F.I.R. has been registered against the Petitioner by the police as of now, there is no apprehension of arrest.

5. Considering the submission made by the learned counsel appearing for the Petitioner, the Arresting Officer is directed that in the event any F.I.R. is registered against the Petitioner in the aforesaid offence, then first explore the possibility of applying the provision of Section 35(3)(4)(5) of B.N.S.S., 2023 in terms of the judgment of the Hon'ble Supreme Court in Satender Kumar Antil -vrs.- Central Bureau of Investigation & Another, reported in 2022 LiveLaw (SC) 577.

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

( Aditya Kumar Mohapatra) Judge

Debasis