Orissa High Court
Siba Charan Mallick vs State Of Odisha .... Opposite Party on 13 May, 2025
Author: V. Narasingh
Bench: V. Narasingh
IN THE HIGH COURT OF ORISSA AT CUTTACK
ABLAPL No.5506 of 2025
Siba Charan Mallick .... Petitioner
Mr. S. Samal, Advocate
-versus-
State of Odisha .... Opposite Party
Mr. S.K Lenka, ASC
CORAM: JUSTICE V. NARASINGH
ORDER
13.05.2025
Order No.
01. 1. Heard learned counsel for the Petitioner and
learned counsel for the State.
2. This ABLPAL has been filed apprehending arrest
consequential to an F.I.R. to be instituted in Biridi P.S,
Jagatsinghpur.
3. It is alleged by the Petitioner that he was
duped by the accused persons in an F.I.R instituted in
Biridi P.S. Case No.330 of 2024. He collected around
Rs.31,30,000/- from 61 persons to provide them jobs
as 108 Ambulance drivers at the behest of the
accused persons of the said F.I.R.
4. It is stated by the learned counsel that the
Petitioner is a victim of circumstance and referring to
Annexure-1, submits that the accused persons had
given in writing to refund the amount to the
Petitioner.
5. It is the further submission of the learned
counsel that notwithstanding his complaint to the IIC,
Biridi, instead of redressing the Petitioner's grievance,
started harassing and in fact protected the interest of
the accused persons, the Petitioner filed 1CC Case
No.33 of 2025 in the Court of the learned SDJM,
Jagatsinghpur, in which instruction has been issued
for registration of the case.
6. It is alleged that the Petitioner is apprehending
institution of an F.I.R against him by any of the
persons from whom he collected the money at the
best of the co-accused in Biridi P.S. Case No.330 of
2024.
7. There is no cavil about the proposition, that
institution of an F.I.R is not a pre-condition for
invoking the jurisdiction of this Court for seeking pre-
arrest bail. Reference in this context can be gainfully
made to the time-tested judgment of the Apex Court
in the case of Gurbaksh Singh Sibbia & Others Vrs.
State of Punjab, reported in (1980) 2 SCC 565
reiterated in Dhanraj Aswani Vrs. Amar S.
Mulchandani and others reported in (2024) 10 SCC
336.
8. Taking into account the nature of allegations
qua the Petitioner, though this Court finds the
apprehension to be well-founded but considering the
nature of accusation which involves many innocent
persons, having societal ramification, this Court is not
persuaded to hold that the Petitioner should be
ensconed by pre arrest bail keeping in view the
direction of the Apex Court in the case of Devinder
Kumar Bansal Vrs. State of Punjab, 2025 SCC
Online SC 488.
9. Accordingly, the ABLAPL stands disposed of.
(V. NARASINGH)
Judge
Soumya
Signed by: SOUMYA RANJAN SAMAL
Designation: Senior Senographer
Reason: Authentication
Location: High Court of Orissa
Date: 15-May-2025 12:08:35
