ARUN KUMAR AGRAWAL Vs. STATE OF ODISHA

JUDGEMENT

(1.) The present criminal revision petition has been filed by the Petitioner under Sec. 401 read with Sec. 397 of Cr.P.C. challenging the order dtd. 15/1/2022 passed by the learned S.D.J.M., Birmaharajpur in Criminal Misc. Case (CMC) No. 02 of 2022, arising out of 2(b)C.C. Case No. 15 of 2021, corresponding to O.R. No. 107 of 2021-2022, arising out of U.D. Case No. 6 of 2021-2022, thereby rejecting the petition under Sec. 457 of Cr.P.C. filed by the Petitioner to release the vehicle bearing Registration No. OR-26-5135 (Pick-up Van).

(2.) Heard learned counsel for the Petitioner and learned counsel for the State. Perused the case records.

(3.) It is seen from the impugned order that the application filed by the Petitioner under Sec. 457 Cr.P.C. for release of the seized vehicle has been rejected by the learned S.D. J.M. Birmaharajpur, on the ground that a Confiscation Proceeding, vide O.R. No. 107/2021-2022 is pending for adjudication before the court below. In such view of the matter, the present Revision Petition has been filed for setting aside the impugned order and for release of the vehicle in favour of the Petitioner.