Orissa HCABLAPL/104/2024
Case brief
AI extract
What is this about?
High Court of Orissa at Cuttack, ABLAPL No.104 of 2024, Abinash Mohanty v. State of Odisha, decided 18.07.2024 by Justice Aditya Kumar Mohapatra. Anticipatory bail application where petitioner feared arrest under Section 498-A IPC on his wife's accusation though no FIR was registered. Court relied on Arnesh Kumar vrs. State of Bihar, (2014) 8 SCC 273, and directed compliance with Section 41-A CrPC procedure before any arrest; application disposed.
What did the court decide?
The anticipatory bail application (ABLAPL) is disposed of with a direction to the Arresting Officer to follow the mandatory procedure of Section 41-A CrPC before arresting the petitioner in the event an FIR under Section 498-A IPC is lodged. ¶21