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
"Therefore, the petitioner most respectfully prays that this
Hon'ble Court may be graciously pleased enough to admit
this writ petition, issue rule NISI calling upon the opposite
parties to show cause as to why the VCRs under Annexure-
2 Series issued/drawn against the Vehicle of the Petitioner
bearing Registration No.OD-31B-4633 shall be transmitted
to the court of learned J.M.F.C. (Transport), Cuttack for
disposal of the same as per law. And if the opposite parties
do not show cause of show insufficient cause the rule may be
made absolute by issuing appropriate writ directing the
O.P. No.2 transmit/forward all the VCRs under Annexure-
// 2 //
2 Series to the court of learned J.M.F.C.(Transport),
Cuttack within a stipulated time.
And/or pass any other order/orders, direction/directions as
this Hon'ble Court deems fit and proper for the ends of
justice.
And for the said act of kindness, the petitioner as in duty
bound shall ever pray."
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 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. 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
// 3 //
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 R.C./I.C./Permit/D.L. and any other relevant
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 "
6. Learned Standing Counsel for the Transport Department
submits that most of the VCRs under Annexure-2 Series are
drawn up against the vehicle are more than one year before. As
per Section 514 of the BNSS, 2023, there is bar for taking
cognizance of the offence where the imprisonment is provided
not exceeding one year. Hence, the Magistrate cannot take
cognizance of offence under the e-challan.
7. In view of the above, let the Petitioner shall approach the
concerned Transport Authority to compound the offence. In such
event, the Authority shall do the needful to consider the same as
per law.
8. Accordingly, the Writ Petition is disposed of.
(Dr. Sanjeeb K Panigrahi)
Signature NotMurmu
Verified Judge
Digitally Signed
Signed by: LITARAM MURMU
Designation: P.A.
Reason: Authentication
Location: OHC
Date: 13-Oct-2025 17:47:46
