IN THE HIGH COURT OF ORISSA AT CUTTACK W.P.(C) No.27998 of 2025 Arun Kumar Behera …. Petitioner(s) Mr. Sanjay Kumar Patra, Adv. -versus- State of Odisha & Anr. …. Opposite Party(s) Mr. Pravakar Behera, SC (for Transport Department) CORAM: DR. JUSTICE SANJEEB K PANIGRAHI Order No. ORDER 13.10.2025 01. 1. This matter is taken up through hybrid arrangement. 2. Heard learned counsel for the parties. 3. The present Writ Petition has been filed by the Petitioner with the following prayer: “Therefore, the petitioner most respectfully prays that, this Hon'ble Court may be graciously pleased enough to admit this writ petition, issue rule NISI, calling upon the opposite parties to show cause as to why the VCRs under Annexure-2 series issued/drawn against the Vehicle of the petitioner bearing Regd. No. OD29E9672 shall not be transmitted the to the Court of learned J.M.F.C.(Transport), Cuttack for disposal of the same as per law. And if the opposite parties did not show cause or show insufficient cause the rule may be made absolute by issuing appropriate writ directing the O.P.No.2 to transmit/forward the VCRs under Annexure-2series to the Court of learned J.M.F.C.(Transport), Cuttack within a stipulated time.” 4. Learned counsel for the Petitioner submits that this Court has earlier decided the similar issue in the judgment dated 15.01.2014 passed in W.P.(C) No.1500 of 2004 (Anjana Babulal Darabad vrs. Commissioner, S.T.A. & Ors.) and batch of Writ Petitions. Hence, he submits that this Writ Petition may be disposed of in the light of the judgment passed in the case of Anjana Babulal (supra). 5. Learned Standing Counsel for the Transport Department submits that the most of the VCRs under Annexure-2 series are drawn up against the vehicle are more than one year before. As per Section 514 of the BNSS, 2023 there is bar for taking cognizance of the offence where the imprisonment is provided not exceeding one year. Hence the Magistrate cannot take cognizance of offence under the e-Challan. 6. In view of the above, let the Petitioner shall approach the concerned Transport Authority to compound the offence. In such event, the Authority shall do the needful to consider the same as per law within a period of fifteen days from the date of presentation of a certified copy of this order. 7. Accordingly, this Writ Petition is disposed of. (Dr. Sanjeeb K Panigrahi) Judge Sumitra