Pramod Kumar Patra vs State Of Orissa .... Opposite Parties
2025 Latest Caselaw 9976 Ori

Orissa High Court

Pramod Kumar Patra vs State Of Orissa .... Opposite Parties on 13 November, 2025

Author: V. Narasingh

Bench: V. Narasingh

                 IN THE HIGH COURT OF ORISSA AT CUTTACK

                           ABLAPL No.12631 of 2025

        Pramod Kumar Patra               ....          Petitioner

                                       Mr. S.S. Mohanty, Advocate


                                 -versus-

        1. State of Orissa               ....   Opposite Parties
        2. Divisional Forest
        Officer, Keonjhar
        Division
        3. Forest Range Officer,
        Barbil (T) Range, Barbil

                                                Mr. S.Panda, ASC



                      CORAM: JUSTICE V. NARASINGH
                                    ORDER

13.11.2025 Order No.

02. 1. Heard learned counsel for the Petitioner and learned counsels for the State.

2. This ABLPAL has been filed apprehending arrest in connection with O.R Case No.5 of 2025-26 booked by the Forest Range Officer, Barbil Range under the Odisha Forest Act, 1972.

3. Learned counsel for the State submits that in the given fact such apprehension is misconceived.

4. Whether there exists a reasonable apprehension of incarceration has to be assessed in the light of the 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.

5. Considering the materials on record and in the light of the judgment of the Apex Court referred to hereinabove, this Court finds substance in the submission made by the learned counsel for the Petitioner.

6. As prayed for by the learned counsel for the State list this matter on 17.12.2025 to enable him to obtain instruction(s).

7. As an interim measure, it is directed that the Petitioner shall not be taken into custody in connection with the aforesaid case, till the next date.

(V. NARASINGH) Judge

Soumya

Signed by: SOUMYA RANJAN SAMAL

Location: High Court of Orissa Date: 14-Nov-2025 12:05:57