K NAGESWAR RAO ACHARI Vs. STATE OF ORISSA

JUDGEMENT

(1.) This revision is directed against the order passed by the learned Sub -Divisional Judicial Magistrate, Berhampur, rejecting a petition Under Section 457 of the Code of Criminal Procedure 'Code' for short).

(2.) THE relevant facts are narrated below. The petitioner is the owner of a passenger bus bearing registration No. ORC 4345. On 4 -9 -1985 the bus was found carrying 35 passengers at Dura on Berhampur -Gopalpur road. The Traffic Inspector of Chatrapur inspected the vehicle and noticed the following defects. 1. There was no route permit; 2. There was no R. C. book;

(3.) THE driver of the vehicle was not wearing a driver's badge. Therefore, the Traffic Inspector seized the vehicle Under Section 129 -A of the Motor Vehicles Act and Under Sections 15 and 17 of the Orissa Motor Vehicles (Taxation of Passengers) Act and produced the same before the Regional Transport Officer, Chatrapur. He did not tile any prosecution report against the petitioner and manifestly till now no prosecution report has been filed nor any case instituted against him in the Court of the Sub -Divisional Judicial Magistrate, Berhampur. Soon thereafter, the petitioner filed a petition Under Section 457 of the Code before the learned Sub -Divisional Judicial Magistrate, Berhampur, praying for release of the vehicle. After hearing, the learned Sub -Divisional Magistrate held that he had no jurisdiction to pass an order Under Section 457 of the Code because, neither a prosecution report was filed nor the seized vehicle was produced before him. The aforesaid order was challenged in this Court in Criminal Revision No. 457 of 1985. This Court directed further enquiry in the presence of both parties to find out if the learned Sub -Divisional Judicial Magistrate had jurisdiction to effectively dispose of the petition Under Section 457 of the Code. In pursuance of the aforesaid order, a further enquiry was made and both the parties were heard. Ultimately, the learned Sub -Divisional Judicial Magistrate arrived at the same conclusion namely, he had no jurisdiction to pass an order Under Section 457 of the Code, and accordingly he once again rejected the petition.