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Judgment
R.N. Biswal, J.—Though this matter was listed for admission, on the consent and request of the learned counsel for the parties, it is taken up for final disposal.
Heard.
This Revision is directed against the order dated 10.8.2004 passed by the S.D.J.M., Panposh at Uditnagar in Criminal Misc. Case No. 178 of 2004 (arising out of G.R. Case No. 128 of 2004) wherein the learned S.D.J.M. rejected the petition u/s 457 Cr.P.C. filed by the petitioner holding that he has no power to entertain successive petitions u/s 457 Cr.P.C. .
Earlier a petition was filed on behalf of the petitioner to release the seized jeep bearing registration No. BR-23A-5155 in his favour claiming himself to be the registered owner. Since there was no document to support his claim to be the registered owner of the vehicle in question the learned Magistrate rejected the petition holding that he was not inclined to allow it at that stage. After obtaining the relevant documents, the petitioner filed another petition u/s 457 Cr.P.C. giving rise to Misc. Case No. 178 of 2004. After hearing the counsel for the parties, the S.D.J.M. rejected the petition holding that he has no power to entertain the successive petitions as mentioned above.
Learned counsel for the petitioner submits that since the earlier order u/s 457 Cr.P.C. was not a final order, the second petition is entertainable and the learned S.D.J.M. committed error in rejecting the said petition.
In my view the submissions made by the learned counsel for the petitioner is correct. Hence, the order dated 10.8.2004 passed by the S.D.J.M., Panposh at Uditnagar in Misc. Case No. 178 of 2004 is set aside and the Revision is allowed. The learned S.D.J.M. is directed to hear the Misc. Case afresh in the light of the above observation and pass appropriate order thereon.
With the aforesaid observation the Criminal Revision is disposed of.