Orissa High Court
Bharat Chandra Bhanjdeo vs State Of Odisha & Anr. .... Opposite ... on 13 October, 2025
Author: Sanjeeb K Panigrahi
Bench: Sanjeeb K Panigrahi
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IN THE HIGH COURT OF ORISSA AT CUTTACK
W.P.(C) No.27828 of 2025
Bharat Chandra Bhanjdeo .... Petitioner(s)
Mr. Sanjay Kumar Patra, Adv.
-versus-
State of Odisha & Anr. .... Opposite Party(s)
Mr. Pravakar Behera, SC
(for Transport Department)
CORAM:
DR. JUSTICE SANJEEB K PANIGRAHI
ORDER
Order 13.10.2025
No.
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:
"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 Armexure-2 series issued/drawn against
the Vehicle of the petitioner bearing Regd. No. OD-
11K6499 shall be transmitted the to the Court of
learned J.M.F.C.(Transport), Cuttack for disposal of
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the same as per law. And if the opposite parties do not
show cause or show insufficient cause the rule may be
made absolute by issuing appropriate writ directing the
O.P.No.2 to transmit/forward the VCRs under
Annexure-2 series to the Court of learned
J.M.F.C.(Transport), Cuttack within a stipulated
time.;
And further, be pleased to pass any appropriate writ(s),
order(s), direction(s) as this Hon'ble court may deem
fit and proper under the facts & circumstance of the
case And for this 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. Learned Standing Counsel for the Transport Department
submits that the most of the VCR under Annexure-2 is 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.
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6. 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 within a period of fifteen days from the date of
presentation of a certified copy of this order.
7. Accordingly, this Writ Petition is disposed of.
(Dr. Sanjeeb K Panigrahi)
Judge
Sumitra
Location: High Court of Orissa, Cuttack
