Disposed

Ranjan Kumar Sahoo v. State of Odisha

Orissa HC1 Nov 2022WP(C)/27809/2022

Case brief

AI extract

What is this about?

The High Court directed that upon deposit of Rs. 17,120 and production of the driver's license, the challan would be transmitted to the Magistrate and the vehicle released. The court also allowed a separate application for fitness certificate and permit.

What did the court decide?

Direction to transmit Challan to Magistrate and release vehicle upon 50% deposit of challan amount and surrender of driving license.

Ranjan Kumar Sahoo Vs State of Odisha — Quashing and FIR | Orissa HC (2022)

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IN THE HIGH COURT OF ORISSA AT CUTTACK

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W.P.(C) NO. 27809 of 2022

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Ranjan Kumar Sahoo …. Petitioner

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Mr. D.R.Swain, Advocate

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-versus-

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State of Odisha and others

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…. Opp. Parties Mr. Pravakar Behera, Standing Counsel for Transport

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CORAM: JUSTICE K.R. MOHAPATRA

ORDER

Order No.

01.11.2022

This matter is taken up through hybrid mode.

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Defect No.22 as pointed out by SR is removed in Court.

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Petitioner in this writ petition prays for a direction to send the Challan/VCR dated 17^th September, 2022 in respect of the vehicle bearing registration No.OD-19-D-2150 (Tipper) to the jurisdictional Magistrate for appropriate relief. He further prays for a direction to the State Transport Authority, Cuttack to consider his case for issuance of fitness certificate and permit.

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Mr. Behera, learned Standing Counsel for Transport Department submits that in view of Section 194 of the Motor Vehicles Act, 1988, the Petitioner is required to appear before the Authority, who has issued the VCR and pray for transmission of the record to the jurisdictional Magistrate, if it wants to contest the case. The Petitioner has not yet appeared before the authority and made such prayer. After amendment of the MV Act, 1988, overloading is being treated rigidly. Since the Challan/VCR amount is Rs.34,240/-, the Petitioner may be directed to deposit 50% of the same and contest the case before the jurisdictional Magistrate. Mr. Behera, learned Standing Counsel for Transport further submits that in view of the Road Safety Committee

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constituted by the Hon’ble Supreme Court, the driving license of the driver of the offending vehicle is liable to be suspended. Hence, he prays that the Petitioner is required to produce the driving license in original of the driver of the offending vehicle for taking appropriate action.

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Taking into consideration the submissions of learned counsel for the parties, this Court directs that without prejudice to the case of either parties, in the event the Petitioner deposits a sum of Rs.17,120/(rupees seventeen thousand one hundred twenty only) before the State Transport Authority along with driving license of the driver of the offending vehicle and on deposit being made, the Challan/VCR shall be transmitted to the jurisdictional Magistrate for adjudication in accordance with law and the aforesaid vehicle shall be released. It is made clear that such deposit, if made, as directed above, shall be subject to the result of the adjudication to be made by the jurisdictional Magistrate.

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So far as issuance of fitness certificate and permit is concerned, the Petitioner may apply for the same to the State Transport Authority by filing necessary application, which shall be considered in accordance with law.

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With the aforesaid observation and direction, the writ petition is disposed of.

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A copy of the writ petition along with a copy of this order shall be served on Mr. Behera, learned Standing Counsel for Transport Department for onward communication to the Opposite Parties.

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Urgent certified copy of this order be granted on proper application.

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(K.R. Mohapatra) Judge

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s.s.satapathy

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Ranjan Kumar Sahoo v. State of Odisha

Case brief

What is this about?

What did the court decide?

Ranjan Kumar Sahoo v. State of Odisha

Case brief

What is this about?

What did the court decide?

What the court decided

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