The court allowed a criminal miscellaneous case filed under Sec 482 CrPC to set aside an order rejecting a petition for interim release of a seized tractor. It directed release subject to furnishing a bank guarantee.
Impugned orders set aside; direction to J.M.F.C. to release vehicle on furnishing a Bank Guarantee of Rs.5,00,000/-.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF ORISSA AT CUTTACK
CRLMC No.3356 of 2019
Mir Sahbas
…. Petitioner
-versus-
State of Odisha
…. Opposite Parties
CORAM: JUSTICE S. PUJAHARI
ORDER
Order No.
11.08.2021
Page 1 of 3
// 2 //
No.431024/SZE15254 having been seized in connection with Salipur P.S. Case No.82 of 2019, corresponding to G.R. Case No.299 of 2019, he had filed a petition under Section 457 of Cr.P.C. before the learned J.M.F.C., Salipur for release the same interimly in his favour, but the learned J.M.F.C., Salipur rejected the said petition of the Petitioner and being aggrieved by the same, the Petitioner preferred the aforesaid Criminal Revision Petition before the learned Additional Sessions Judge, Salipur and the learned Additional Sessions Judge, Salipur considering the fact that the vehicle in question has not been registered before the R.T.O. concerned and the same is required for investigation, confirmed the said order of the learned J.M.F.C., Salipur.
Page 2 of 3
// 3 //
which shall be renewed from time to time before expiry and till disposal of the claim application, if any.
(S. Pujahari) Judge
DA
Page 3 of 3
1 issue framed by the court
Whether a seized vehicle requiring registration should be released on security pending disposal of claims.
2 provisions across 1 enactments
Mir Sahbas
State of Odisha
S. PUJAHARI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
