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2025 DAILYLAW 73014 (ORI)

CHITTARANJAN MAHANT v. STATE OF ORISSA

WP(C)/28836/2025 · 2025-10-13

S K Panigrahi

Writ Petition (Civil)body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

p. 1 p. 1 IN THE HIGH COURT OF ORISSA AT CUTTACK W.P.(C) No.28836 of 2025 Chittaranjan Mahant …. Petitioner(s) Mr. Mukunda Chandr Mishra, 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: “In view of above facts and circumstances, It is therefore humbly prayed that this Hon'ble Court may kindly be pleased to issue notice to the Opp. Parties, failed to show cause or Show in-sufficient, and this Hon'ble Court further be pleased to give direction Opp. Party No.2, STA, Cuttack to transmit the E-Challans issued against the registered Vehicle No. p. 2 p. 2 OD09G8004 under the Annexure-2 series to the Learned Court of J.M.F.C (T), Cuttack for disposal of VCRs or Challans in accordance with Laws, And or be pleased to pass such other order/orders/ direction /directions, which would be deem fit and proper in facts and circumstances of the case.” 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 p. 3 p. 3 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