JUDGMENT :

Heard Mr. T. J. Mahanta, learned senior counsel representing the petitioner as well as the learned Public Prosecutor, Nagaland and Mr. T. Islam, learned counsel appearing for the respondents.

2. This is an application under Section 397 and 401 of the CrPC read with Section 482 of the said Code whereby the Judgment and Order dated 26.10.2021 passed by the Chief Judicial Magistrate, Dimapur in GR Case No. 639/2019 (East PS Case No. 205/2019) rejecting the prayer of the Officer in-charge of Mao Police Station, District Senapati for re-examination and re-settling the vehicle of the petitioner bearing registration no. WB-59B-4327.

3. The petitioner is the owner of a truck bearing registration no. WB-59B-4327. On 10.06.2019, the truck loaded with broken rice left for the State of Assam. But the truck did not reach its destination nor any information from the driver was received. Alleging the aforesaid fact, the petitioner filed one FIR before Police at Karandighi Police Station in the district of Uttar Dinajpur, West Bengal.

4. Thereafter, on 16.08.2019, Police of the State of Nagaland found the vehicle in an abandoned state at Nagamese Church, Burma Camp, Dimapur. Police immedia