LAWS(ORI)-2016-9-44

MANOJ KUMAR ROUT Vs. STATE OF ORISSA

Decided On September 06, 2016
Manoj Kumar Rout Appellant
V/S
STATE OF ORISSA Respondents

JUDGEMENT

(1.) The petitioner has challenged the impugned order dated 16.07.2016 passed by the learned J.M.F.C.(P), Kujang in Criminal Misc. Case No.85 of 2016 which arises out of Abhayachandpur P.S. Case No.79 of 2016 corresponding to G.R. Case No.509 of 2016 in rejecting the application filed by the petitioner under section 457 Cr.P.C. for release of the vehicle.

(2.) As it appears in connection with commission of an offence under section 394 of the Indian Penal Code, one Mahindra Car (MAXICB) TUV 300-T6+ bearing registration No.OD-05-R-2357 was seized by S.I. of Police, Abhayachandpur Police Station on 03.07.2016.

(3.) The petitioner filed an application under section 457 Cr.P.C. before the learned J.M.F.C.(P), Kujanga which was registered as Criminal Misc. Case No.85 of 2016 praying for a direction to the IIC, Abhayachandpur Police Station to release the seized vehicle in his favour on the ground that he was the bonafide registered owner and he is no way connected with the alleged crime and the condition of the vehicle was deteriorating day by day lying abandoned outside the police station campus under rain and sun.