( 1 ) THE petitioner has approached this Court challenging the order dated 20-9-2005 passed by the learned s. D. J. M. , Sadar, Cuttack in G. R. Case No. 1220 of 2005 rejecting an application under Section 457 of the code of Criminal Procedure for release of the seized cash in his favour.

( 2 ) THE factual backdrop of the petitioner's case is that he was working as a Salesman (Gumasta) under M/s. Sheth Bhagaban Das vithal Das and Sons, Nayasarak, Cuttack, and Nirmal Sheth Is the proprietor of the said Firm. As usual, on 5-8-2005 at about 12-30 p. m. he had gone to ICICI Bank, bajrakabatl Road, Cuttack, for depositing a sum of Rs. 25,00,000/- of the firm. While he was standing near the Cash counter of the Bank, some unknown persons snatched away his bag containing the entire amount of cash. The petitioner shouted and chased them. One of the accused persons, namely, rajendra Giri (accused No. 1) was caught hold of by the local public. The petitioner lodged FIR in Mangalabag Police Stations, on the basis of which Mangalabag P. S. Case no. 166 of 2005 was registered under Section 454,380 and 34, IPC. Accused Rajendra giri was arrested and he disclosed the names of other accused person