Pankaj Kumar Mahakud vs State Of Odisha
2023 Latest Caselaw 8835 Ori

             IN THE HIGH COURT OF ORISSA AT CUTTACK

                            CRLA No.263 of 2017

              Pankaj Kumar Mahakud                    ....            Appellant

                                   Mr.J.K. Panda, Advocate

                                        -versus-

              State of Odisha                         ....       Respondent

                                   Mr.Manoranjan Mishra
                                   Addl. Standing Counsel

                                  CORAM:
                             JUSTICE S.K. SAHOO

                                  ORDER

Order No.                       08.08.2023
   14.             This   matter       is     taken    up    through        Hybrid

arrangement (video conferencing/physical Mode).

The appellant has filed this appeal challenging the order dated 23.12.2016 passed by the learned Addl. Sessions Judge, Champua in S.T. Case No. 42 of 2014 in rejecting the petition filed by the appellant under section 452 of Cr.P.C. to release the cash and other properties seized from the possession of the accused persons during course of investigation in favour of the appellant.

It seems that the learned trial Court while pronouncing the judgment on 06.01.2016 in S.T. Case No. 42 of 2014, convicted all the accused persons under different offences and passed an order that "no order is passed regarding disposal of the seized cash and property since investigation of the case is open against other // 2 //

accused persons."

When a query is made to the learned counsel for the appellant as to whether after pronouncement of the judgment by the learned trial Court, when no order was passed with respect to disposal of the seized cash and property on some grounds, a 452 Cr.P.C. petition can be entertained, as the Court has become functus officio after pronouncing the judgment in view of section 362 of Cr.P.C. and the Court cannot alter or review that part of the judgment, learned counsel for the appellant seeks some time to address this Court and to find out citations on this aspect.

List this matter on 22nd August 2023. Learned counsel for the State shall obtain the status report of investigation from the Inspector in-charge of Bamebari police station in Bamebari P.S. Case No. 151 dated 07.09.2013, which was stated to be pending as on the date of pronouncement of judgment in respect of the co-accused persons i.e. in S.T. Case No. 42 of 2014 on 06.01.2016.

Let a free copy of the order be handed over to the learned counsel for the State for compliance.

( S.K. Sahoo) Judge

PKSahoo

Signature Not Verified Digitally Signed Signed by: PRAMOD KUMAR SAHOO Reason: Authentication Location: HIGH COURT OF ORISSA Date: 09-Aug-2023 15:40:35