Trilochan Shial vs State Of Odisha .... Opposite Parties
2025 Latest Caselaw 3585 Ori

Citation : 2025 Latest Caselaw 3585 Ori
Judgement Date : 4 February, 2025

Orissa High Court

Trilochan Shial vs State Of Odisha .... Opposite Parties on 4 February, 2025

Author: S.K. Panigrahi

Bench: S.K. Panigrahi

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                               IN THE HIGH COURT OF ORISSA AT CUTTACK

                                                 CRLREV No. 686 of 2024
                             Trilochan Shial                       ....            Petitioner(s)
                                                                            Mr. Santosh Kumar
                                                                                 Dwivedy,Adv.
                                                                                             .

-versus-

                             State of Odisha                   ....             Opposite Parties
                                                                         Ms. Gayatri Patra, ASC

                                      CORAM:
                                      DR. JUSTICE S.K. PANIGRAHI
           Order                                      ORDER
           No.                                       04.02.2025

01. 1. This matters is taken up through hybrid arrangement.

2. Heard learned counsel for the parties.

3. The present CRLREV has been filed by the Petitioner with the

following prayer:

"In the facts and circumstances of the case, it is most respectfully prayed that this Hon'ble Court be graciously pleased to admit the Criminal Revision Case calling upon the record pertains to illegal seizure and detention of the vehicle bearing Regd. No OD- 01-N-6584, Engine No. HAJ1EJG9H33762, Chassis No. MBLHA11ATG9H12767.

a. Set aside order dated 29.10.2024 and pass order directing release of the vehicle bearing Regd. No Regd. No OD-01-N-6584, Engine No. HAJ1EJG9H33762, Chassis No. MBLHA11ATG9H12767 in favour of the petitioner,

b. to pass any other and further orders as this Hon'ble Court deems Digitally Signed fit and proper in the facts circumstances of this case."

Signed by: LITARAM MURMU Designation: P.A. Reason: Authentication Location: OHC Date: 06-Feb-2025 19:30:25

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4. Learned counsel for the Petitioner submits that this Court has

earlier decided the similar issue in the judgment dated 05.08.2020

passed in Crl.MC No.985 of 2020 (Ratnakar Behera-vrs.- State of

Odisha). Hence, he submits that this CRLREV may be disposed

of in the light of the judgment passed in the case of Ratnakar

Behera (supra).

5. Learned counsel for the State submit that she has no objection,

if this matter is disposed of in the light of the judgment passed in

the case of Ratnakar Behera (supra).

6. On perusal of the records and the judgment passed in the case

of Ratnakar Behera (supra), it appears that similar issue has

already been decided by this Court in the said judgment which

was disposed of on 05.08.2020. The ordering portion of the said

judgment is as follows.

" xxx xxx xxx

10. The above-mentioned ratio has also been iterated by this Court in the case of Dilip Kumar Das & Ors. v. The State of Odisha: 2019 ILR Cut 386: 2019 (II) OL 1038, wherein this Hon'ble Court has held that since no confiscation proceeding has yet been initiated in accordance with the law, the vehicle in question cannot be left in a state of damage being exposed to sun, rain and without proper maintenance.

Digitally Signed by the precedents cited herein above, this Court sets aside the order dated

Designation: P.A. 05.02.2020 passed by the learned District & Sessions Judge, Reason: Authentication Location: OHC Date: 06-Feb-2025 19:30:25

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Mayurbhanj, Baripada in Criminal Revision No. 11 of 2019 and allows the prayer of the petitioner on the following conditions:

1. The petitioner is directed to make the vehicle available as and when required during investigation of the case and thereafter in the court concerned.

2. The petitioner is directed not to make any changes or any variation to the vehicle during the pendency of the trial in the court concerned.

12. However, it is made clear that any of the observation made hereinabove with respect to the fact of the case, shall not come in the way or prejudicially affect the fair trial of the present case.

13. For the aforesaid reasons, the present application is allowed."

7. Considering the submissions made by the learned counsel for

the parties and taking into account the judgment dated

05.08.2020 passed in Crl. MC No.985 of 2020, this Court is

inclined to accede to the submissions of the Petitioner.

Accordingly, the order dated 29.10.2024 passed by the learned

J.M.F.C., Soro in Misc. Case No.232 of 2024 is set aside. The

J.M.F.C., Soro is directed to release the vehicle in the aforesaid

case in the zima of the Petitioner subject to the condition that:

1. The Petitioner shall make the vehicle available as and

when required during investigation of the case and

thereafter in the court concerned.

2. The Petitioner shall not make any changes or any

variation to the vehicle during the pendency of the trial in

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8. However, it is made clear that any of the observation made

hereinabove with respect to the fact of the case, shall not come in

the way or prejudicially affect the fair trial of the present case.