Court noted that while lower court rejected vehicle release due to petitioner not being owner, ownership was subsequently transferred to petitioner. Petition remitted to lower court to dispose of application afresh.
Petition remitted to lower court to dispose of application afresh under Section 457 Cr.P.C. within one month.
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IN THE HIGH COURT OF ORISSA AT CUTTACK
CRLMC No. 1406 of 2021
Pabitra Kumar Mohanty
…. Petitioner
Mr. B. Pasayat, Adv.
-Versus -
State of Odisha …. Opposite Party Mr. P. Tripathy, Addl. Standing Counsel
CORAM: JUSTICE SASHIKANTA MISHRA
ORDER_
23.11.2021
Order No. 04.
Page 1 of 1
afresh taking into account the development vis-à-vis ownership of the vehicle occurring in the meantime. The impugned order is quashed. Learned Court below shall do well to dispose of the application under Section 457 Cr.P.C. within a period of one month from the date of receipt of the copy of this order or on production of certified copy of this order, whichever is earlier.
( Sashikanta Mishra) Judge
A.K. Rana
Page 2 of 2
1 issue framed by the court
Whether petition's application for vehicle release should be remitted by lower court in view of post-order change in vehicle ownership registration.
1 provisions across 1 enactments
Pabitra Kumar Mohanty
State of Odisha
Sashikanta Mishra
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
