Orissa High Court
Sushanta Kumar Sahoo vs State Of Odisha ..... Opposite Party on 3 July, 2025
Author: Aditya Kumar Mohapatra
Bench: Aditya Kumar Mohapatra
IN THE HIGH COURT OF ORISSA AT CUTTACK
CRLMC No.1852 of 2025
Sushanta Kumar Sahoo ..... Petitioner
Represented By Adv. -
Bibhuti Ranjan
Mohanty
-versus-
State Of Odisha ..... Opposite Party
Represented By Adv. -
Ms. B.Sahu, A.G.A.
CORAM:
THE HON'BLE MR. JUSTICE ADITYA KUMAR
MOHAPATRA
ORDER
Order No. 03.07.2025
02. 1. This matter is taken up through Hybrid Arrangement
(Virtual /Physical Mode).
2. Heard learned counsel for the petitioner as well as learned
counsel for the State. Perused the application as well as
documents annexed thereto.
3. The present application has been filed challenging order
dated 07.03.2025 passed in Criminal Misc. case No.215 of 2024
arising out of T.R. No.615 of 2024 by the learned Sessions
Judge-cum-Special Judge, Khurda, thereby rejecting the
application of the petitioner under Section 457 of the Cr.P.C.
4. Learned counsel for the petitioner at the outset contended
that the application of the petitioner filed under Section 457 of
the Cr.P.C. for release of his motor cycle has been rejected by
the learned trial court on the ground such vehicle is required for
the purpose of investigation. He further submitted that in the
meantime investigation has been concluded and final charge
sheet has been filed. Learned counsel for the petitioner further
submitted that the seized vehicle is laying police station since
19.11.2024. He further submitted that since it is laying exposed
in the sun and rain the condition is pretty distorted.
5. Learned counsel for the State on the other hand supported
the impugned rejection order dated 07.03.2025 under Annexure-
2 to the application. He further contended that the application of
the petitioner under Section 457 has been rejected by passing a
speaking order. In such view of the matter, learned counsel for
the State contended that the application is devoid of merit and
accordingly the same should be dismissed.
6. Having regard to the submissions made by the learned
counsels appearing for the parties, on a close scrutiny of the
impugned order dated 07.03.2025, this Court observes that while
rejecting the application of the petitioner under Section 457
Cr.P.C. the learned trial court has not taken note of the law laid
down by this Court in Basudev Singh vs. State of Odisha in
CRLREV No.34 of 2022 vide judgment dated 23.02.2022.
Moreover, in the meantime charge sheet has already been filed.
Taking into consideration the aforesaid facts, this Court is of the
considered view that the matter requires reconsideration by the
learned trial court. In such view of the matter, order dated
07.03.2025 under Annexure-2 is hereby set aside. Further the
matter is remanded back to the learned trial court to reconsider
the matter in terms of the judgment in Basudev Singh's case
(surpa). Let the petitioner should approach the learned trial court
within two weeks along with copy of today's order. In such
eventuality, the learned trial court shall consider and dispose of
the application of the petitioner within four weeks by passing a
speaking order.
7. With the aforesaid observations and directions, the
CRLMC stands disposed of.
( A.K. Mohapatra)
Judge
Rubi
