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2022 Supreme(Ori) 760

IN THE HIGH COURT OF ORISSA AT CUTTACK
SAVITRI RATHO
Mukund Namdev Sable – Appellant
Versus
State of Odisha – Respondent


Advocates Appeared:
For the Petitioner:Mr. Budhadev Routray, Senior Advocate along with Mr. J. Biswal, Advocate
For the Opposite Party : Mr. K.K. Nayak, Addl. Standing Counsel

Table of Content
1. accident facts leading to legal proceedings. (Para 1 , 2)
2. arguments for and against vehicle release. (Para 3 , 4)
3. court's analysis on vehicle release rules. (Para 5 , 6 , 7 , 9 , 10)
4. decision to remand for valuation and security. (Para 11)
5. conclusion and order for vehicle management. (Para 12 , 13)

JUDGMENT :

Savitri Ratho, J.

The petitioner-Mukund Namdev has filed this Criminal Revision petition challenging the order dated 18.03.2021 passed by the learned Judicial Magistrate First Class, Pipili , rejecting the application filed by him under Section-457 of Cr.P.C. for release of his vehicle (Grand I 10 car ) bearing Registration No. OD-02-AW-9916, in interim custody under Sections-279/337/338/304(A) of I.P.C. read with Section-196 of Motor Vehicle Act.

2. The brief facts of the case is that when the petitioner was returning from Puri to Bhubaneswar in his Grand-I-10 car bearing Registration No. OD-02-AW-9916, two persons on a motorcycle in a rash and negligent manner dashed against his car near Mangalpur Petrol pump , as a result of which both the rider and pillion rider sustained grievous injury. They were immediately shifted to Capital Hospital, Bhubaneswar

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