A. S. NAIDU, J.

( 1 ) - Heard Mr. A. Ch. Swain, learned counsel for the petitioner and Mr. Sanjib Swain learned Additional Standing Counsel, for the State.

( 2 ) THE petition is filed under Section 401 read with Section 482 of the Code of Criminal Procedure, inter alia, challenging the order dated 2-8-2000 passed by the learned Judicial Magistrate. First Class, Nimapara, in G. R. Case No. 371 of 1997, rejecting the petition filed by the petitioner under Section 457 of the Code for release of a generator seized by police in course of investigation of the case.

( 3 ) BEREFT of unnecessary details the facts which give rise to this revision are as follows: It is alleged that on 7-6-1997 some hooligans armed with weapons invaded the farm-house of the petitioner and took away valuable belongings like, jewellery, television. V. C. R video-camera, generator (Enfield make) and many: other articles. The petitioner was also brutally assaulted by the accused persons. On receiving information, police reached the spot, rescued the petitioner who was taken to Konark Police Station and thereafter shifted to the S. C. B. Medical College Hospital for treatment. On the basis of the information, Ko