Prasanta Kumar Behera vs ) State Of Odisha
2025 Latest Caselaw 5683 Ori

Orissa High Court

Prasanta Kumar Behera vs ) State Of Odisha on 20 August, 2025

Author: Aditya Kumar Mohapatra

Bench: Aditya Kumar Mohapatra

                 IN THE HIGH COURT OF ORISSA AT CUTTACK
                             CRLMC No.3141 of 2025
            Prasanta Kumar Behera        .....       Appellant
                                                                  Represented By Adv. -
                                                                  Niranjan Panda

                                                  -versus-
            1) State Of Odisha                          .....             Respondents
            2) Inspector Incharge, Byree Police                 Represented By Adv. -
            Station                                             Ms.B.K.Sahu, AGA

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

20.08.2025 Order No.

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

2. Heard learned counsel for the Petitioner as well as the learned Additional Government advocate. Perused the CRLMC Application as well as the prayer made therein.

3. By filling the present CRLMC application, the Petitioner seeks to invoke the inherent jurisdiction of this Court under section 528 BNSS 2023 for a direction to the learned trial court to release the seized property i.e. Motor cycle of the Petitioner bearing Registration No. OD-34J- 0679 which has been seized in connection with Byree P.S.Case No.234 of 2023 and the same was seized on the allegation of commission of offence punishable under section 20(b)(ii) of NDPS Act.

4. Learned Additional Government Advocate at the

outset raised objection with regard to maintainability of the present application. He further contended that the Petitioner should approach the trial court before approaching this Court. In such view of the matter, he further contended that the CRLMC be dismissed at the threshold.

5. On a careful examination of the background facts, further taking into consideration the grievance involved in the present CRLMC, this Court deems it proper to dispose of the CRLMC application by granting liberty to the Petitioner to move the trial court by filing an appropriate application for release of the seized motor cycle. In such eventuality the trial court shall do well to consider the application of the Petitioner taking into consideration the judgment of this Court in the case of Ashish Ranjan Mohanty v. State of Odisha reported in 2022 SCC OnLine Ori 520 List this matter along with CRLMC No.2370 of 2025 and dispose of the same as expeditiously as possible.

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

( A.K. Mohapatra) Judge RKS

Designation: AR-CUM-Senior Secretary

Location: High Court of Orissa Date: 21-Aug-2025 18:53:55