Chittaranjan Mahant vs State Of Odisha & Anr. .... Opposite ...
2025 Latest Caselaw 9000 Ori

Orissa High Court

Chittaranjan Mahant vs State Of Odisha & Anr. .... Opposite ... on 13 October, 2025

Author: Sanjeeb K Panigrahi

Bench: Sanjeeb K Panigrahi

                                         // 1 //




          IN THE HIGH COURT OF ORISSA AT CUTTACK

                         W.P.(C) No.28836 of 2025
        Chittaranjan Mahant                 ....            Petitioner(s)
                                        Mr. Mukunda Chandr Mishra, 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:

"In view of above facts and circumstances, It is therefore humbly prayed that this Hon'ble Court may kindly be pleased to issue notice to the Opp. Parties, failed to show cause or Show in-sufficient, and this Hon'ble Court further be pleased to give direction Opp. Party No.2, STA, Cuttack to transmit the E-Challans issued against the registered Vehicle No.

// 2 //

OD09G8004 under the Annexure-2 series to the Learned Court of J.M.F.C (T), Cuttack for disposal of VCRs or Challans in accordance with Laws, And or be pleased to pass such other order/orders/ direction /directions, which would be deem fit and proper in facts and circumstances of the case."

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 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.

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

// 3 //

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