KAILASH CHANDRA JENA Vs. STATE OF ORISSA

JUDGEMENT

(1.) Heard Mr. Sahoo, Learned Counsel for the Petitioner, and Mr. Mishra, Learned Addl. Standing Counsel.

(2.) This revision is directed against the Order Dated 17.09.2008 passed by the Learned S.D.J.M., Nayagarh in G.R. Case No. 735 of 2007 rejecting an application under Sec. 457 Code of Criminal Procedure for release of the rifle.

(3.) Brief fact of the case is that the Petitioner as informant lodged an FIR before Nayagarh P.S. registered as Nayagarh P.S. Case No. 398 of 2007. In connection with the said case, the police seized his 22 rifle bearing number 2K -01260, P.SSI. No. 232, its licence and 4 live cartridges on being produced by the Petitioner. For release of those seized articles, the Petitioner filed an application under Sec. 457 Code of Criminal Procedure, but the Learned S.D.J.M. rejected the same inter alia on the ground that the seized rifle and the cartridges are necessary in the counter case, i.e., G.R Case No. 736 of 2007 wherein the Petitioner is an accused.