B. Badri Prasad Patra @ vs State Of Odisha .... Opposite Party
2026 Latest Caselaw 2994 Ori

Orissa High Court

B. Badri Prasad Patra @ vs State Of Odisha .... Opposite Party on 30 March, 2026

Author: V. Narasingh

Bench: V. Narasingh

                  IN THE HIGH COURT OF ORISSA AT CUTTACK

                                 CRLREV No.165 of 2026

        B. Badri Prasad Patra @                     ...                 Petitioner
        Rao

                                                       Mr. L. Achari, Advocate

                                           -versus-

        State of Odisha                             ....        Opposite Party
                                                        Mr. S. Panigrahi, ASC
                                CORAM: JUSTICE V. NARASINGH
                                              ORDER

Order No.                                   30.03.2026
 02.        1.        Heard      from      the    learned      counsel      for    the

Petitioner and learned counsel for the State.

2. Admittedly, the Petitioner has moved the learned Addl. Sessions Judge, Aska, Ganjam on 26.12.2025 having been acquitted in ST Case No.20 of 2010 filing an application under Section 452 of the Cr.P.C. The learned Addl. Sessions Judge, Aska, Ganjam having rejected such application, the present Crl. Revision has been preferred.

3. The Section 454 of the Cr.P.C. deals with the appeals against the order under Section 452 of the Cr.P.C. or Section 453 of the Cr.P.C.

For convenience of preference, the said Sections are extracted hereunder:-

"452. Order for disposal of property at conclusion of trial.--

(1) When an inquiry or trial in any Criminal Court is concluded, the Court may make such order as it thinks fit for the disposal, by

destruction, confiscation or delivery to any person claiming to be entitled to possession thereof or otherwise, of any property or document produced before it or in its custody, or regarding which any offence appears to have been committed, or which has been used for the commission of any offence. (2) An order may be made under sub-section (1) for the delivery of any property to any person claiming to be entitled to the possession thereof, without any condition or on condition that he executes a bond, with or without securities, to the satisfaction of the Court, engaging to restore such property to the Court if the order made under sub-section (1) is modified or set aside on appeal or revision. (3) A Court of Session may, instead of itself making an order under sub-section (1), direct the property to be delivered to the Chief Judicial Magistrate, who shall thereupon deal with it in the manner provided in sections 457, 458 and 459. (4) Except where the property is livestock or is subject to speedy and natural decay, or where a bond has been executed in pursuance of sub-section (2), an order made under sub-

section (1) shall not be carried out for two months, or when an appeal is presented, until such appeal has been disposed of. (5) In this section, the term "property" includes, in the case of property regarding which an offence appears to have been committed, not only such property as has been originally in the possession or under the control of any party, but also any property into or for which the same may have been converted or exchanged, and anything acquired by such conversion or exchange, whether immediately or otherwise.

453. Payment to innocent purchaser of money found on accused.--When any person is convicted of any offence which includes, or amounts to, theft or receiving stolen property, and it is proved that any other person bought the stolen property from him without knowing or having reason to believe that the same was stolen, and that any money has on his arrest been taken out of the possession of the convicted person, the Court may, on the application of such purchaser and on the restitution of the stolen property to the person entitled to the possession thereof, order that out of such money a sum not exceeding the price paid by such purchaser be delivered to him."

5. At this stage, the attention of this Court is drawn to the provisions as contained in Section 401(5) of the Cr.P.C. under the heading of "the High Court's powers of revision".

Sub-Section 5 thereof reads as under:-

"Where under this Code an appeal lies but an application for revision has been made to the High Court by any person and the High Court is satisfied that such application was made under the erroneous belief that no appeal lies thereto and that it is necessary in the interests of Justice so to do, the High Court may treat the application for revision as a petition of appeal and deal with the same accordingly."

6. In view of the above, considering the submissions of the learned counsel for the Petitioner, this Court is persuaded to hold that the case merits exercise of jurisdiction under Section 401(5) of the Cr.P.C., which corresponds to 442(5) of the BNSS, 2023.

Accordingly, it is directed to treat this CRLREV as "petition for appeal".

7. Registry is requested to take necessary follow of action.

8. Accordingly, the CRLREV stands disposed of.

Signature Not
Verified                                                             (V. NARASINGH)
Digitally Signed
Signed by: UTKALIKA
                                                                            Judge
NAYAK
Reason: Authentication
Location: High Court of
Orissa, Cuttack
Date: 31-Mar-2026       Utkalika
12:20:52