Orissa High Court

CRLMC/3125/2026 of SURAJ KUMAR DAS@SURAJ DAS Vs STATE OF ODISHA on 8 September 2026

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of 2. IN THE HIGH COURT OF ORISSA AT CUTTACK CRLMC No.3125 of 2026 CNR No. ODHC010653442026 Suraj Kumar Das@suraj Das ..... Petitioner Represented by Adv. - Biswajit Mohapatra -versus- STATE OF ODISHA ..... Opposite Party Represented by Adv. – Mr. P.K. Mohanty, ASC CORAM: MR. JUSTICE ADITYA

Page 1 of 2.

IN THE HIGH COURT OF ORISSA AT CUTTACK

CRLMC No.3125 of 2026

CNR No. ODHC010653442026

Suraj Kumar Das@suraj Das

.....

Petitioner

Represented by Adv.

- Biswajit Mohapatra

-versus-

STATE OF ODISHA

.....

Opposite Party

Represented by Adv. –

Mr. P.K. Mohanty, ASC

CORAM:

MR. JUSTICE ADITYA KUMAR MOHAPATRA

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ORDER

08.09.2026 Order No.

01.

1. This matter is taken up through Hybrid Arrangement (Virtual /Physical Mode).

2. Heard learned counsel for the Petitioner and learned counsel for the State. Perused the CRLMC application as well as the prayer made therein.

3. By filing the present application under Section 528 of the BNSS, the Petitioner, who happens to be the owner of a Truck bearing Registration No.OD-05-BT-0097, has approached this Court challenging the conduct of the Addl. Tahasildar, Tangi Choudwar in seizing the vehicle of the Petitioner as well as challenging the consequential order dated 07.08.2026 passed by the learned J.M.F.C., Tangi Choudwar, Cuttack in Criminal Misc. Case No.37 of 2026, which was filed under the provisions of

Page 2 of 2. Section 503 of BNSS.

4. On perusal of the record it appears that although the vehicle has been seized and the same has been handed over to the IIC, Choudwar P.S., however no criminal case has been registered as of now. Therefore, the application under Section 503 of BNSS is not maintainable. Similarly, since no criminal case has been registered, the present application under Section 528 of the BNSS is also premature.

5. In view of the aforesaid position and on the request of the learned counsel for the Petitioner, Registry is directed to convert this application into a writ petition and the same be listed before the appropriate assigned Bench.

6. On the request of the learned counsel for the Petitioner, he is granted liberty to file an additional affidavit to bring on record, the demand notice issued by the Mining Officer, Cuttack Circle, Cuttack.

( A.K. Mohapatra )

Judge

Sisir

Digitally Signed Signed by: SISIR KUMAR SETHI Designation: Personal Assistant Reason: Authentication Location: ORISSA HIGH COURT Date: 09-Sep-2026 19:18:19 Signature Not Verified

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