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2025 DAILYLAW 54884 (ORI)

MIR MAIJUDIN ALI v. STATE OF ODISHA

CRLMC/3487/2025 · 2025-09-08

Aditya Kumar Mohapatra

body2025

Judgment text

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Page 1 of 2. IN THE HIGH COURT OF ORISSA AT CUTTACK CRLMC No.3487 of 2025 Mir Maijudin Ali ..... Petitioner Represented By Adv. - Shreyansh Rajguru -versus- 1) State Of Odisha ..... Opposite Parties 2) Divisional Forest Officer,rairakhol 3) Authorised Officer deputy Conservator Of Forests, Rairakhol 4) Cholamandalam Investment And Finance Co.ltd. Represented By Adv. – Mr. C.M.Singh, A.S.C. CORAM: THE HON’BLE MR. JUSTICE ADITYA KUMAR MOHAPATRA Order No. ORDER 08.09.2025 01. 1. This matter is taken up through Hybrid Arrangement (Virtual /Physical Mode). 2. Heard learned counsel for the Petitioner as well as learned counsel for the State. Perused the application as well as the prayer made therein. 3. By filing the present application under Section 482 Cr.P.C. the Petitioner seeks for a direction to the Opposite Party No.3 to expedite the confiscation proceeding initiated under Section 56 of the Odisha Forest Act. 4. Learned counsel for the State on the other hand objected to the maintainability of the present application as the confiscation Page 2 of 2. proceeding which has been initiated under Section 56 of the Forest Act is not a criminal proceeding under the Cr.P.C. Therefore, the application filed by the Petitioner under Section 482 Cr.P.C. is not maintainable. 5. Having heard the learned counsels appearing for the respective parties, on a careful examination of the issue involved in the present application, this Court is of the view that the Petitioner should have approached this Court by filing a writ application instead of filing an application under Section 482 Cr.P.C. 6. In such view of the matter, the present application is being disposed of by granting liberty to the Petitioner to move a writ application, if so advised. ( A.K. Mohapatra) Judge Rubi