Orissa High Court
Saroj Kanta Mallick vs State Of Odisha & Anr. .... Opposite ... on 18 August, 2025
Author: Sanjeeb K. Panigrahi
Bench: Sanjeeb K. Panigrahi
IN THE HIGH COURT OF ORISSA AT CUTTACK
W.P.(C) No.22516 of 2025
Saroj Kanta Mallick .... Petitioner
Mr. K.C. Majhi, Advocate
-versus-
State of Odisha & Anr. .... Opposite Parties
Mr. Pravakar Behera,
Standing Counsel
CORAM:
DR. JUSTICE SANJEEB K. PANIGRAHI
Order ORDER
No. 18.08.2025
01. 1. This matter is taken up through hybrid arrangement.
2. Heard learned counsel for the parties.
3. The present Writ Petition has been filed by the
Petitioner with the following prayer:
""Under the circumstances stated above it is therefore humbly
prayed that this Hon'ble Court may graciously be pleased to issue
notice to Opp.parties and call for a show cause and if the
Opp.parties failed to show cause or show in-sufficient cause the
Hon'ble Court be pleased to direct the Opp.party No.2 STA,
Cuttack to transmit E. Challans issued against vehicle No.
OR05AS3716 To the Court of JMFC(T), Cuttack for disposal in
accordance with law. And/or be pleased to pass such other
order/orders, direction/directions as would deem fit and proper in
the facts and circumstances of the case."
4. Learned counsel for the Petitioner submits that this Court
has earlier decided the similar issue in the judgment dated
15.01.2014 passed in W.P.(C) No.1500 of 2004 (Anjana
Digitally Signed Babulal Darabad vrs. Commissioner, S.T.A. & Ors.) and
batch of Writ Petitions. Hence, he submits that this Writ
Petition may be disposed of in the light of the judgment
passed in the case of Anjana Babulal (supra).
5. Learned counsel for the Opposite Parties submits that they
have no objection, if this matter is disposed of in the light of
the judgment passed in the case of Anjana Babulal (supra).
6. On perusal of the records and the judgment passed in the
case of Anjana Babulal (supra), it appears that similar issue
has already been decided by this Court in the said judgment
which was disposed of on 15.01.2014. The ordering portion
of the said judgment is as follows:
" xxx xxx xxx
v) Pending such approval, direction is hereby given to
the OMVD Officers issuing the VCR to direct the
driver/owner/person in possession and control of motor
vehicle either compound the offence on payment of
prescribed fine offline/online or to appear before the
STA/RTA and produce the demanded documents for
disposal of VCR within fifteen days, failing which the
VCR issuing officer will submit prosecution report
before the court having jurisdiction, namely, Transport
Magistrate/J.M.F.C./ S.D.J.M. for adjudication of the
VCR within fifteen days from the date on which
compounded fine was to be paid. The Transport
Magistrate/ JMFC/SDJM may allow compounding of
the offences, strictly in conformity with the Gazattee
Notification No. No.1151 dated 29.09.1995. As
prescribed under Rule 139 of C.M.V. Rules, 1989, the
owners/driver/conductor may also send Xerox coy of
Signed by: GITANJALI NAYAK documents duly attested by Police Officer or any other
officer to the officer who demanded the documents by
registered post within fifteen days from the date of issue
of VCR.
xx x xx x x "
7. Considering the submissions made by the learned
counsel for the parties and taking into account the judgment
passed in the case of Anjana Babulal (supra), this Writ
Petition is disposed of directing the Opposite Party No.2 to
transmit the V.C.Rs under Annexure-2 in respect of vehicle
No.OR05AS3716 to the court of learned J.M.F.C. (Transport)
Cuttack for disposal as per law.
8. Accordingly, this Writ Petition is disposed of.
(Dr. Sanjeeb K. Panigrahi)
Judge
Gitanjali
