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IN THE HIGH COURT OF ORISSA AT CUTTACK
R.K.PATTANAIK
Ganapati Sahu – Appellant
Versus
State of Odisha – Respondent
| Table of Content |
|---|
| 1. challenge to vehicle seizure due to accident (Para 1 , 2) |
| 2. arguments for security against vehicle release (Para 3 , 5) |
| 3. court questions on vehicle release compliance (Para 4) |
| 4. rule 6 conditions for vehicle release (Para 6 , 7) |
| 5. judicial notice of past decisions on security (Para 8 , 10) |
| 6. court's reasoning against vehicle retention (Para 9 , 11) |
| 7. final order for vehicle release with conditions (Para 12 , 13) |
JUDGMENT :
2. The petitioner moved an application under Section 457 Cr.P.C. in respect of the seized vehicle (No.OD-10-F-8237) involved in the aforesaid case registered under Sections 279 and 304A IPC which was rejected by the learned S.D.J.M., Gunupur by order dated 9th September, 2021 under Annexue-1 on the ground that the vehicle was having no valid insurance against 3rd party risks citing Rule 6 of the Odisha Motor Vehicles (Accident Claims Tribunal) Rules, 2018 (hereinafter referred to as ‘the Rules’). Being aggrieved, the petitioner then approached the court of Additional Sessions Judge, Gunupur in Criminal Revision No.04 of 2021 which was disposed of by order dated 9th December, 2021 vide Annexure-2 confirming the order of rejection. While dismissin
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