JUDGMENT

R. N. BISWAL, J. : This revision is directed against the order-dated 28.9.2004 passed by the S.D.J.M., Udala, in G.R. Case No.64 of 2003 wherein he refused to discharge the accused-petitioner of the offence under Section 406 of I.P.C.

Bereft of unnecessary details the facts leading to filing of this revision is that on 27.2.1994 the O.I.C. of Kaptipada Police station seized the trekker bearing No. OIX-4950 on the allegation that it was being used by accused Raj Kishore Mallick in commit¬ting offence under Section 379/411 I.P.C. in connection with Kaptipada P.S. case No.3 of 1994 corresponding to G.R. case No. 12 of 1994 of the Court of S.D.J.M., Udala. While the case was sub-judice, the petitioner claiming herself to be the registered owner of the said vehicle filed a petition under Section 457 Cr.P.C. for interim release of the same in her favour. The peti¬tion was allowed subject to furnishing cash security of Rs.15,000/- on condition that she would not dispose of the vehi¬cle in any manner till final disposal of the case and produce the same before the Court as and when required. After conclusion of the trial of G.R. Case No.12 of 1994 the S.D.J.M. held the ac¬cused not guilty of the aforesaid offences and acquitted him thereof on 15.9.2000. However, he ordered that the seized arti¬cles be confiscated to the State four months after the appeal period is over, if there is no appeal and in case of appeal subject to the decision of the appellate Court. On 11.3.2002 the petitioner filed a petition before the S.D.J.M., Udala for refund of Rs.15,000/- she had furnished as security for interim release of the vehicle in her favour along with accrued interest there¬on, but it was rejected.

Being aggrieved with the said order the petitioner filed a petition under Section 482 Cr.P.C. giving rise to criminal Misc. Case No.3435 of 2002 before this Court. While dismissing the Misc. Case, this Court on 1.7.2002 ordered that if the petitioner would not volunteer to produce the vehicle in question before the Court of S.D.J.M. Udala within a period of three weeks from the date of order, it would be appropriate for the S.D.J.M. to take stringent steps to secure possession of the same.

Pursuant to the order dated 1.7.2002 of this Court, the petitioner filed a memo on 22.7.2002 before the Court below inti¬mating that she could not produce the vehicle since it was lying in N.K. Garage at Chandikhol for repair. On the same date she filed another petition for refund of the cash furnished, in connection with interim release of the aforesaid vehicle in her favour. While rejecting the petition, the S.D.J.M. directed the O.I.C. of Udala Police Station to seize the vehicle and produce it before him. Simultaneously he directed the petitioner to cause production of the vehicle before him without delay or else it was further ordered that conditional N.B.W. along with D.W. would be issued for procuring the same for the purpose of confisca¬tion. On 29.7.2002 the petitioner challenged the said order under Section 482 Cr.P.C. before this Court in Criminal Misc. Case No.177 of 2002 wherein while dismissing the Misc. case this Court vide order dated 13.8.2002 imposed cost of Rs.2000/- against the petitioner for non-compliance of Court’s order passed in C.M.C. No.3435 of 2005.

While the matter stood thus, on 25.2.2003 the S.I. of Po¬lice, Kaptipada P.S. lodged an F.I.R. before O.I.C. of the same P.S. on the allegation that even though the petitioner had under¬taken to produce the aforesaid vehicle before the Court of S.D.J.M., Udala as and when required, in spite of Court’s order she did not produce it before him. In absence of the O.I.C. the A.S.I. himself registered Kaptipada P.S. case No.9 of 2003 giving rise to G.R. Case No.64 of 2003. After completion of investiga¬tion, charge sheet was submitted against the accused-petitioner for the offence under Section 406 I.P.C. Cr.P.C. On 3.9.2004 a petition under Section 239 Cr.P.C. was filed before the S.D.