Research › Search › Judgment

High Court of Orissa · body

2025 DAILYLAW 6038 (ORI)

RAJAT SAHU v. STATE OF ODISHA

CRLMC/5087/2025 · 2026-05-20

S K Panigrahi

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

IN THE HIGH COURT OF ORISSA AT CUTTACK CRLMC No.5087 of 2025 Rajat Sahu ...… Petitioner(s) Mr. Bibhuti Bhusan Kumbhar, Advocate -Versus- State of Odisha ……. Opposite Party (s) Mrs. Sarita Moharana, ASC CORAM: DR. JUSTICE SANJEEB K PANIGRAHI ORDER Order No. 20.05.2026 08. 1. This matter is taken up through hybrid arrangement. 2. The Petitioner has filed this CRLMC with a prayer to quash the order dated 17.05.2025 passed by the learned Sessions Judge, Boudh in C.R.P. No.01 of 2025. 3. He further sought for a direction from this Court to the learned J.M.F.C., Kantamal to restore and upload the release order of the seized vehicle dated 12.11.2024 passed in M.C. No.43 of 2024 in favour of the petitioner. 4. Learned counsel for the Petitioner submits that his vehicle Mahindra Bolero Pickup bearing Registration No.OD31D3985, Engine No.TBH1F69071, Chasis No.MA1ZU2TBKH1F53981 was illegally seized on 17.09.2020 and forwarded to the court by the Forest Range Officer, Kantamal, Boudh in 2(b)CC Case No.16 of 2020 of the court of the learned JMFC, Kantamal in connection with Digitally Signed Signed by: GITANJALI NAYAK Reason: Authentication Location: OHC Date: 22-May-2026 15:13:53 Signature Not Verified a forest case i.e. OR No.258K of 2020-21 of Kantamal Forest Range, Boudh. The said vehicle was seized illegally and kept under the custody of Forest Range Officer, Kantamal for near about four years without initiation of confiscation proceeding. The trial of the said case is not even started till today for non-submission of the final report by the I.O. Hence, the Petitioner had filed a case before the learned JMFC, Kantamal, Boudh vide M.C. No.43 of 2024 for release of the said vehicle under Section 457 of the Cr.P.C. The learned JMFC, Kantamal vide order dated 12.11.2024 directed the Forest Range Officer, Kantamal to release the vehicle in favour of the present petitioner. But, the Forest Range Officer, Kantamal did not comply the release order of the JMFC, Kantamal. The DFO, Forest Division Boudh had filed a revision case before the learned Sessions Judge, Boudh against the release order of the learned JMFC, Kantamal. Thereafter, this Court vide order dated 17.05.2025 set aside the lower court order in C.R.P. No.01 of 2025. 5. Learned Additional Standing Counsel for the State submits that in the meantime, confiscation proceeding has already been initiated. The Petitioner should appear before the Assistant Conservator of Forests (ACF), Boudh instead of filing this CRLMC. 6. Upon hearing the learned counsel for the Petitioner and on going through the averments made in this petition, this Court directs the Petitioner to appear before the Assistant Conservator of Digitally Signed Signed by: GITANJALI NAYAK Reason: Authentication Location: OHC Date: 22-May-2026 15:13:53 Signature Not Verified Forests, Boudh and put forth all the facts narrated herein. IN such event, and the competent authority shall pass appropriate order in accordance with law within a period of one week from the date of presentation of an authenticated copy of this order. 7. The CRLMC stands disposed of, accordingly. ( Dr. Sanjeeb K Panigrahi) Judge Gitanjali