This court disposed of an anticipatory bail application. The court directed the arresting officer to follow Section 41A CrPC procedures before arresting petitioners in relation to any potential registration of an FIR under Section 498-A IPC.
Direction to arresting officer to follow Section 41A CrPC before arrest in case of FIR under Section 498-A IPC.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF ORISSA AT CUTTACK
ABLAPL No.9213 of 2023
Birabara Behera and others
Petitioners
Mr.A.S.Paul, Advocate
-versus-
State of Odisha and another
…. Opposite Parties Mr.M.K.Mohanty, A.S.C.
CORAM: JUSTICE A.K.MOHAPATRA
ORDER
Order No.
21.09.2023
Page 1 of 2
// 2 //
case of Arnesh Kumar-v.-State of Bihar and another : reported in (2014) 8 SCC 273 & Md.Asfak Alam v. The State of Jharkhand and anr. in Criminal Appeal No.(s) No.2207 of 2023 the Arresting Officer is directed to follow the mandatory procedure of Section 41A of the Code of Criminal Procedure before arresting the Petitioners in the event FI.R is lodged under Section 498-A of the Indian Penal Code.
RKS
(A.K. Mohapatra)
Judge
Signature Not Verified
Page 2 of 2
Digitally Signed Signed by: RAMESH KUMAR SINGH Designation: Ex-A.R.-cum-Sr. Secretary Reason: Authentication Location: High Court of Orissa Date: 26-Sep-2023 17:39:57
2 issues framed by the court
Whether the arresting officer should follow mandatory procedure under Section 41A CrPC before arresting petitioners regarding an apprehended FIR under Section 498-A IPC.
Whether anticipatory bail order is maintainable when no FIR is registered but apprehension of arrest exists.
Colour shows how this judgement treated each authority
Arnesh Kumar v. State of BiharRelied on¶17
Arnesh Kumar-v.-State of Bihar and another (2014) 8 SCC 273 · Who else cites this
Md. Asfaq Alam v. The State of JharkhandRelied on¶17
Md.Asfak Alam v. The State of Jharkhand and anr. in Criminal Appeal No.(s) No.2207 of 2023
2 provisions across 2 enactments
Birabara Behera and others
State of Odisha
A.K. Mohapatra
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
