Orissa High Court
Ishwar Chandra Behera vs State Of Odisha ... Opp. Party on 20 November, 2020
Author: S.Pujahari
Bench: S.Pujahari
CORAM : HON'BLE SHRI JUSTICE S.PUJAHARI
CRLREV No.307 of 2018
Ishwar Chandra Behera ... Petitioner
- Versus -
State of Odisha ... Opp. Party
ORDER
4. 20.11.2020 In the wake of the pandemic Covid-19, the case is taken up through V.C. Heard learned counsel for the petitioner and learned counsel for the State.
This revision is directed against the order dated 29.03.2018 passed by the learned J.M.F.C., Chandikhole in C.T. Case No.307 of 2018 wherein petition under Section 457 of Cr.P.C. filed by the petitioner for interim release of 27 cartoons of Aska- 40 liquors containing 25 sealed bottles in each cartoons has been rejected.
It is not disputed that the impugned order is revisable one and against that order both the High Court as well as the Court of Sessions can exercise revisional jurisdiction. The petitioner, therefore, has right to choose either forum.
But, considering the fact that approaching the Sessions Judge is more convenient and result in expeditious disposal of such petition, this Court 2 directs the petitioner to approach the Court of Sessions in criminal revision against the impugned order within fifteen days hence and on filing of such revision, if it is otherwise not defective, learned Sessions Judge concerned shall dispose of the same as expeditiously as possible, preferably ten days of filing of such revision.
Since this Court has not exercised the revisional jurisdiction against such order, this order, therefore, should not be construed by the Sessions Judge as exhaustion of remedy of revision available to the petitioner already.
Delay, if any, in filing the revision shall be condoned in the peculiar facts and circumstances of the case.
With the aforesaid order, the CRLREV stands disposed of.
The parties may utilize the copy of this order as per the High Court's Notice No.4587 dated 25.03.2020.
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S.Pujahari, J.
RKS