JUDGMENT

PRADIP MOHANTY, J. — This is an application under Sections 401 and 397 of the Code of Criminal Procedure (for short, the ‘Code’), challenging the order dated 02.08.2003 passed by the learned Sub-Divisional Judicial Magistrate, Kendrapara, in G.R. Case No. 210 of 2003 rejecting the application of the petitioner under Section 457 of the Code seeking for interim custody of the vehicle.

2. The petitioner is the registered owner of the vehicle OR-05/J- 9018. The vehicle in question was seized by the police in a case under Sections 323, 379, 506/34 of the Indian Penal Code and Section 56 of the Orissa Forest Act. The petitioner filed a petition before the learned Sub-Divisional Judicial Magistrate, Kendrapara, under Section 457 of the Code in G.R. Case No.210 of 2003 arising out of Kendrapara P.S. Case No.99 of 2003, claiming interim custody by filing several documents in support of her claim showing ownership of the vehicle in question.

3. Mr. Mishra, learned counsel for the petitioner, submit¬ted that no proceeding has been initiated under the provisions of the Orissa Forest Act, 1956, against the vehicle. He further submitted that the police, after seizure of the vehicle, has