Amitraj Singh vs State Of Odisha ..... Opposite Parties
2025 Latest Caselaw 2565 Ori

Orissa High Court

Amitraj Singh vs State Of Odisha ..... Opposite Parties on 13 January, 2025

Author: Aditya Kumar Mohapatra

Bench: Aditya Kumar Mohapatra

                   IN THE HIGH COURT OF ORISSA AT CUTTACK

                                  ABLAPL No.303 of 2025

            Amitraj Singh                             .....                 Petitioner
                                                              Represented By Adv. -
                                                              Mr. Akash Bhuyan

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

                                                              Mr. M.R. Mohanty, AGA

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

                                           ORDER

13.01.2025 Order No.

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

2. Learned counsel for the Petitioner, at the outset, submitted that the Petitioner apprehends his arrest in connection with a case, which is likely to be registered under Sections 318/351(1)(2)(3)/296 of the B.N.S., 2023 by one Abhisek Sahani in CRRI Police Station in the district of Cuttack.

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

4. 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.

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

( Aditya Kumar Mohapatra) Judge

Debasis