Adhar Fresh vs State Of Odisha And Another
2023 Latest Caselaw 10525 Ori

               IN THE HIGH COURT OF ORISSA AT CUTTACK
                          CRLMC No. 635 of 2021

      Adhar Fresh                             ...       Petitioners
                                         Mr. D. Nanda, Advocate
                            -versus-
      State of Odisha and another             ... Opposite Parties
                                          Mr. S.S. Pradhan, AGA
                         Mr. L. Mishra, Advocate (for O.P. No.2)

                          CRLMC No. 634 of 2021

      Adhar Fresh                             ...       Petitioners
                                         Mr. D. Nanda, Advocate
                            -versus-
      State of Odisha and another             ... Opposite Parties
                                          Mr. S.S. Pradhan, AGA
                         Mr. L. Mishra, Advocate (for O.P. No.2)
                                CORAM:
                         JUSTICE G. SATAPATHY

                           ORDER(ORAL)

31.08.2023 CRLMC Nos. 635 and 634 of 2021 Order No.

05. 1. This matter is taken up through Hybrid Arrangement (Virtual/Physical Mode).

2. This is an application U/S 482 Cr.P.C. by the petitioner seeking to quash the impugned order passed on 23.03.2021 by the learned District & Sessions Judge, Khurda at Bhubaneswar in Criminal Revision Nos. 13 of 2021 and 14 of 2021 over turning the finding of the learned S.D.J.M., Bhubaneswar in

CMC No. 569 of 2019 and CMC No. 571 of 2019 arising out of one and same case in C.T. Case No. 4556 of 2019 directing release of the vehicle in favour of the petitioner.

3. In the course of hearing of the CRLMC, Mr. D. Nanda, learned counsel for the petitioner submits that the learned S.D.J.M., Bhubaneswar had released the vehicle in favour of the petitioner which was reversed by the learned Sessions Judge, Bhubaneswar in the aforesaid Criminal Revisions and the learned Sessions Judge therein had erroneously directed for release of the vehicle in favour of the O.P.No.2 and, therefore, the impugned order may kindly be quashed.

4. On the other hand, Ms. S. Pattanaik, learned counsel seeks for an adjournment on the ground that the conducting counsel of O.P.No.2 is not present. Mr. S.S. Pradhan, learned AGA, however, submits that this Court may pass an appropriate order in this case.

5. The petitioner also apprises this Court about release of vehicle in question in favour of OP-2 pursuant to the order of Sessions Judge. Taking into the length of litigation, on being asked, the learned counsel for the petitioner agrees to the suggestion that the trial Court be directed to dispose of the case in C.T. Case No. 4556 of 2021 at the earliest and thereby, deciding as to who is entitled to possess the vehicle in question.

6. In view of the aforesaid submission and taking into account the above suggestion, this Court without expressing any opinion on merit of the case, disposes of the CRLMC directing the Court in seisin of C.T. Case No. 4556 of 2021 to try and dispose of the case deciding the disputed question as to who is entitled to possess the vehicle in question by way of its judgment.

7. The CRLMC is accordingly, disposed of and taking into account the length of the dispute between the parties, the learned Court in seisin of the case is requested to complete the exercise and conclude the trial in C.T. Case No. 4556 of 2021 within a period of three months of receipt of the copy of this order. The O.P.No.2 is hereby, directed to cooperate the learned trial Court, failing which the learned trial Court may pass adverse order against him.

(G. Satapathy) Judge S. Sasmal

Signature Not Verified Digitally Signed

Signed by: SUBHASMITA SASMAL Reason: Authentication Location: High Court of Orissa Date: 01-Sep-2023 14:19:20