Orissa High Court
Goutam Maity 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.27839 of 2025
Goutam Maity .... 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
Annexure-2 series issued/drawn against the Vehicle of the
petitioner bearing Regd. No. OD-22-4814 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
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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 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 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
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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
