Prabhat Kumar Sahoo vs State Of Odisha
2024 Latest Caselaw 10406 Ori

Orissa High Court

Prabhat Kumar Sahoo vs State Of Odisha on 24 June, 2024

Author: Aditya Kumar Mohapatra

Bench: Aditya Kumar Mohapatra

                    IN THE HIGH COURT OF ORISSA AT CUTTACK

                              CRLMC No.2183 of 2024

            Prabhat Kumar Sahoo              .....                Appellant
                                                      Represented By Adv. -
                                                      Suryakanta Dwibedi


                                      -versus-

            State Of Odisha                 .....               Respondent
                                                     Represented By Adv. -

                                                     Mr.A.P.Das, ASC


                                  CORAM:
                    THE HON'BLE MR. JUSTICE ADITYA KUMAR
                                MOHAPATRA

                                      ORDER

24.06.2024 Order No.

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

2. Being aggrieved by the order dated 06.01.2024 passed in CMC Case No.48 of 2023 by the learned S.D.J.M., Nayagarh, the Petitioner has filed the present application under section 482 Cr.P.C..

3. Learned counsel for the Petitioner at the outset submitted that in the above noted pending proceeding, the Petitioner moved an application under section 457 Cr.P.C. for interim release of the vehicle. He further contended that the said application has been rejected by the learned

trial Court without taking note of the judgment delivered by this Court.

4. On the other hand, learned Additional Standing Counsel submitted that the order dated 06.01.2024 which is under challenge in the present application is a revisable one. Therefore, the Petitioner should have approached the revisional authority by filing an application to that effect.

5. Considering the submissions made by the learned counsel for the respective parties, on a careful analysis of the factual scenario of the settled legal position in the judgment of this Court in Arun Kumar Agrawal v.State of Odisha in CRL.REV. No.52 of 2022 decided on 20.05.2022 shish Mohanty. Liberty is given to the Petitioner to approach the Revisional Court by filing a revision application within two weeks from to day. In the event such a revision application is filed, the revisional court shall consider the same by taking note of the law laid down by this Court and by considering the factual scenario involved in the present case. Further, learned Revisional Court shall do well to dispose of the revision within two months from the date of communication of certified copy of this order.

6. With the aforesaid observation the CRLMC stands disposed of.

7. The certified copy of the order under Annexure-2 be

returned to the Petitioner by substituting an authenticated copy thereof.

( A.K. Mohapatra) Judge RKS

Location: High Court of Orissa, Cuttack