High Court of Orissa
Case Details
IN THE E HIGH COURT OF ORISSA AT CUTTACK CRLREV No. 615 of 2022 Sushama Sahu Pe Petitioner , Advocate Mr. Devashis Panda & Ms. A. Mehta, Ad …. -Versus- State of Odisha & & others …. Opposite Mr. H.K. Panigra site Parties igrahi, ASC CORA MR. J RAM: JUSTICE R.K. PATTANAIK Order No. 03. 1. This mat matter is taken up through virtual mode. ORDER 24.07.2024 2. Heard le earned counsel for the petitioner. 3. Instant w nt writ petition is filed by the petitioner challen llenging the impugned ord order under Annexure-1 and to direct release ease of the seizure vehicle icles in her favour being the wife of late Gobin binda Sahu deceased accus ccused in connection with S.C. No.09 of 2022 022 arising out of Sindhik dhikela P.S. Case No. 97 dated 13th Octobe ober, 2021 registered und under Sections 302/201 IPC and other allied ed offences further corresp responding to G.R. Case No. 34 of 2021 of th f the file of learned JMFC, FC, Bangomunda on the grounds stated therein rein.
Legal Reasoning
4. Ms. Meh ehta, learned counsel for the petitioner would uld submit that the petit etitioner is the rightful claimant to receive ive interim Page 1 of 4 Pa custody of the the seized vehicles but learned court below dec declined to release it vide ide impugned order under Annexure-1 which hich is not legally tenable ble and therefore, the same is liable to be in e interfered with and set as t aside with consequential directions issued. 5. Mr. Pani anigrahi, learned ASC for the State would subm ubmits that he does not ha t have a copy of the revision petition not bein eing served by the other si r side. 6. In cours urse of hearing, the Court finds that learne rned court below in abs absence of the documents of the vehicle icles being produced by t y the petitioner and such other information s n since not divulged, decl eclined to direct release of the seizure vehicle hicles while dealing with a h an application Section 457 Cr.P.C. 7. It is claim laimed that the deceased accused, namely, hus husband of the petitioner ner happens to be the owner of the vehicles les and the case as against inst him stood abated later to his death. It is It is further submitted that that the case is pending before the learned ed Sessions court at prese esent. As regards, release of the seizure vehic ehicles, it is claimed that t at the documents of the vehicles involved ar are in the custody of the the court, the same having been seized vide An Annexure- 2 series. Accor cording to learned counsel for the petitioner, , there is no doubt or a r any kind of dispute in relation to the owne nership of the alleged ve vehicles shown to have been seized in con connection with Sindhikela kela P.S. Case No. 97 of 2021 currently pendin ding before the court of le f learned Additional Sessions Judge, Kantabanj anji in S.C. No. 09 of 202 2022. Page 2 of 4 Pa 8. Having ing gone through the impugned order i.e. Ann Annexure-1, the Court is of s of the view that worthy purpose would be s be served if further oppor portunity is provided to the petitioner to to furnish necessary info nformation to the learned Sessions court, wh which shall call for the o original documents of the vehicles alleged ed to have been seized as as per Annexure-2 series and thereafter to to proceed and to deal wi l with the application under Section 457 Cr.P.C P.C. since it is claimed tha that the petitioner happens to be the wife ife of the deceased accu ccused and hence rightful claimant in respect ect thereof. In other word ords, the Court is of the conclusion that the he vehicles shown to hav have been seized as per Annexure-2 series ca cannot be allowed to re remain within the premises of the P.S. f . for long notwithstandin ding the involvement of the deceased d accused, namely, husba sband of the petitioner, disposal of which is ab s absolutely necessary keep eeping in view the settled legal position reiter iterated by the Apex Cou ourt time and again, which is to the effect th t that early disposal of seiz seizure items should be ensured if there is no no express bar or need fo d for detention. It is made clear that the learne arned court below shall do do well to consider all the original document ents seized in connection ion with the case as per Annexure-2 series ries before considering in interim release of the vehicles in favour ur of the petitioner as as the same would rather serve the purpo rpose and advance the ca e cause of justice. So, to say, the Court is not ot inclined to approve of of the findings of the learned court below in r in rejecting the plea for r r release of the custody of the alleged vehic ehicles vide Annexure-1 he hence, therefore, the same is interfered with with in the interest of justi justice for a fresh decision. Page 3 of 4 Pa 9. Hence, i e, it is ordered. 10. In the r e result, the revision petition stands allowe wed. As a necessary coro corollary, the impugned order under Annex nexure-1 is hereby set as aside with the matter remanded back for for a fresh consideration on by the ns learned Additional Sessions Judge, Kantabanji, w who shall pass necessary order vis-à-vis vis interim custody of th f the seized vehicles providing an opportu ortunity of hearing to the the petitioner. It is further directed that the the learned court below sh shall call for the ownership papers/docume ments with regard to the s he seized vehicles alleged to have been in custo ustody vide Annexure-2 se series before dealing with the plea for releas lease of the same in favou vour of the petitioner. It is expected that at learned Sessions court urt shall ensure early disposal of the applicati cation filed under Section on 457 Cr.P.C. preferably within a period of si f six weeks from the date ate of receipt of a copy of this order. In furt furtherance thereof, the ap e application for interim custody of the vehic ehicles filed by the petition tioner in terms of Section 457 Cr.P.C. is restore ored to file for its disposa al in accordance with the directions issued ued herein above. 11. Urgent c nt certified copy of this order be issued as per ru r rules. kabita Signature Not Verified Digitally Signed Signed by: KABITARANI MAJHI Reason: Authentication Location: OHC,Cuttack Date: 27-Jul-2024 12:43:42 (R.K.Pattanaik) Judge ik) Page 4 of 4 Pa