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Orissa High CourtCRLMC/1583/2022disposed off

Kundan Patra v. State Of Odisha

2022-06-17Mr. Justice Aditya Kumar Mohapatra2 pages

IN THE HIGH COURT OF ORISSA AT CUTTACK

CRLMC No.1583 of 2022 Kundan Patra ....

Petitioner Mr. H.N. Mohapatra, Advocate -versusState of Odisha ....

Opposite Party Mr. R. Tripathy, A.S.C.

CORAM:

JUSTICE A.K. MOHAPATRA Order No.

ORDER

17.06.2022 01.

1.

This matter is taken up through Hybrid Arrangement (Virtual /Physical Mode).

2.

This is an application under Section 482 of the Criminal Procedure Code.

3.

Learned counsel for the petitioner submits that the petitioner has filed an application under Section 457, Cr.P.C. for releasing the vehicle in his favour. Further he submits that the said matter is pending before the learned J.M.F.C., Bhogarai but in the meantime, the Presiding Officer has been transferred and though in his place the learned J.M.F.C., Jaleswar has taken charge of the J.M.F.C., Bhogarai, however, he is not taking up the matter to release the vehicle in favour of the petitioner.

4.

Considering the submissions made by learned counsel for the petitioner, the learned J.M.F.C., Bhogarai is directed to take up the application of the petitioner filed under Section 457, Cr.P.C. and consider and dispose of the same keeping in view the law laid down by

// 2 // this Court in the case of Basudev Singh vrs. State of Odisha decided on 31.03.2022 in CRLREV No.34 of 2022 within a period of six weeks from the date of production of certified of this order. 5.

With the aforesaid observation/direction, the CRLMC is disposed of.

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

( A.K. Mohapatra ) Vacation Judge Jagabandhu