RAM VIJAY SINGH Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) In a proceeding initiated under Section 102 of Cr.P.C., motor vehicle No. C.G.15 A 6059 was seized by suspecting that it was involved in the commission of an offence. The petitioner herein made an application under Section 457 before the Sub-divisional Magistrate, Ambikapur for grant of interim custody, which was allowed by the Subdivisional Magistrate, but was interfered with by the Additional Sessions Judge, Ambikapur in the revision preferred by respondent No. 2. Questioning the order learned Additional Sessions Judge, this petition under Section 482 of Cr.P.C. has been filed by the petitioner.

(2.) The short issue involved in this petition is whether an Executive Magistrate (Sub-divisional Magistrate in this case) has the jurisdiction to exercise the power under Section 457 of Cr.P.C.

(3.) I have heard learned counsel for the parties, considered their submissions and went through the records with utmost circumspection.