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2026 DAILYLAW 9587 (ORI)

SAINATH DAS v. STATE OF ODISHA

CRLMP/49/2026 · 2026-02-02

Miss Savitri Ratho

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

IN THE HIGH COURT OF ORISSA AT CUTTACK CRLMP No. 49 of 2026 Sainath Das ….. Petitioner Mr. Braja Mohan Sarangi, Advocate -versus- 1. State of Odisha 2. Inspector-in-Charge, Sadar Police Station, Sadar, District-Cuttack 3. Superintendent of Police, Cuttack ….. Opposite Parties Mr. A.K. Apat, AGA CORAM: HON’BLE MISS JUSTICE SAVITRI RATHO ORDER 02.02.2026 Order No. 01. (Through hybrid mode) 1. The CRLMP has been filed for a direction to the Opposite Parties No.2 and 3 to recover the vehicle vide Cuttack Sadar P.S. Case No. 625 of 2025 and pass an appropriate order in accordance with law. 2. The allegations of the Petitioner is that he submitted a complaint against the Finance Company who had illegally seized his vehicle which was in possession of the Petitioner. 3. Mr. A.K. Apat, learned Additional Government Advocate produces the instructions dated 20.01.2026 of the IIC Sadar P.S., Cuttack UPD which are taken on record. It shall be scanned and incorporated in the digital record. 4. It appears that the accused Lipsita Patra had purchased the vehicle on finance taken from M/s. Sundaram Finance Ltd. and the Petitioner claims to have purchased the vehicle from her. The registration stands in her name. The vehicle was seized by the Financer as the loan was not repaid. The Petitioner had filed one as Consumer Dispute (CD) Case No. 120/2025 which has been puspa dismissed. 5. Cuttack Sadar P.S. Case No. 625 of 2023 has been registered against Lipsita Patra and her husband Abhishek Tripathy under Sections 318 (2) and 3 (5) of the BNS. The investigation is in progress. 6. I am not satisfied that in exercise of power under Article 226 of the Constitution, any direction should be issued to the Police to recover the vehicle. 7. Mr. Braja Mohan Sarangi, learned counsel for the Petitioner submits that in view of the availability of alternate remedy, he shall approach the jurisdictional Magistrate for redressal of his grievance. 7. The CRLMP is disposed of without issuing any direction. 8. Urgent certified copy of this order be granted on proper application. (Savitri Ratho) Judge