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2022 Supreme(Ori) 709

IN THE HIGH COURT OF ORISSA AT CUTTACK
R.K.PATTANAIK
Ganapati Sahu – Appellant
Versus
State of Odisha – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Mr. Prasanna Kumar Mishra, Advocate
For the Respondent: S.S. Mohapatra, ASC

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 :

1. Instant petition under Section 482 Cr.P.C. is at the behest of the petitioner challenging the impugned orders under Annexures-1 and 2 whereby the vehicle in question owned by him was not released in his favour having been involved in an accident with registration of G.R. Case No.101 of 2021 pending in the file of learned S.D.J.M., Gunupur, Rayagada.

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

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