Heard Mr. D. Gogoi, learned Special Public Prosecutor, for the petitioners. Also heard Mr. P.K. Roy, learned Senior Advocate, assisted by Mr. S.K. Chakraborty, learned counsel for the respondent.

2. In this petition, under Section 482 of the Code of Criminal Procedure, the petitioners have challenged the correctness or otherwise of the order dated 11.04.2023 passed by the learned Judicial Magistrate 1st Class, Margherita, in CR Case No. 26/2022, arising out of Offence Report No. LP/16 of 2022-23.

3. It is to be mentioned here that vide impugned order, dated 11.04.2023, the learned Judicial Magistrate 1st Class, Margherita, in CR Case No. 26/2022, arising out of Offence Report No. LP/16 of 2022-23, had directed the petitioner No.2 to release one JCB 3DX SUPER, bearing Registration No. AR01 M 7927, in the custody of the respondent.

4. Further, it is to be noted here that vide order dated 28.08.2023, this court, at the stage of motion, after hearing the learned counsel for the petitioner, was pleased to grant stay of the impugned order, dated 11.04.2023, passed by the learned Judicial Magistrate 1st Class, Margherita. Thereafter, the respondent has preferred one interlocutory applicatio