High CourtsSingle Bench(2015) 10 OHC CK 0003

Satrughana Sahoo vs State of Odisha

Orissa High Court · Decided on 16 October 2015 · Citation: (2016) 121 CutLT 268

HON’BLE JUDGES
S.K. Mishra, J.
RESULT
Disposed Off
CASE NUMBER
ABLAPL No. 15122 of 2015, (in the matter of an application under Section 438 of Cr.P.C. in connection to G.R. Case No. 855 of 2015 pending in the file of Learned J.M.F.C., Jajpur Road, Jajpur, arising out of Jajpur Road P.S. Case No. 306 of 2015 punishabl

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Judgment

6 paragraphs · 250 words

S.K. Mishra, J. - Heard Learned Counsel for the petitioner and Learned Addl. Government Advocate for the State.

2.

The petitioner is apprehending arrest for the alleged commission of offence under Section 420 of the IPC and Section 7 of Religious Institution Prevention of Misuse Act in G.R. Case No. 855/2015 of the Court of Learned J.M.F.C., Jajpur Road arising out of Jajpur road, P.S. Case No. 306/2015.

3.

The petitioner happens to be a spiritual man. He has a Ashrama called "Paduka Ashrama". The members of the Jajpur District Tax Bar Association has filed an FIR against him allegedly stating that the petitioner is cheating persons as his followers are praising and praying him to be God. So, it is therefore alleged that the sentiment of Hindu Religion is being effected. However, this Court is of the opinion that neither offence under Section 420 of the IPC nor an offence under Section 7 of Religious Institution Prevention of Misuse Act is made out against the present petitioner.

4.

Keeping in view the aforesaid consideration and the facts of the case, this Court is inclined to grant anticipatory bail to the petitioner. Accordingly, the anticipatory bail application of the petitioner is allowed. On the event of his arrest, he shall be released on bail by the arresting officer on such terms and conditions as deemed just and proper by him in the aforesaid case.

The ABLAPL is disposed of.

Urgent certified copy of this order be granted on proper application.