JUDGEMENT

1. This is a revision petition to set aside the order dated 23-11-1976 passed by the S.D.J.M., Cuttack in a proceeding under S.457, Cr.P.C., registered as Misc. Case No.504 of 1976.

2. In course of investigation in connection with Manglabag P.S. Case No.483 of 1976, the I.O. seized certain movable properties from the de facto possession of the opposite party and left the same in his zima. Before any final form was submitted in the aforesaid case, the opposite party filed an application under S.457, Cr.P.C. before the S.D.J.M. praying for an order directing the police not to remove those seized properties from his custody until the submission of the final form. This application of the opposite party was resisted by the petitioner claiming those properties to be his. His story is that those properties were the subject-matter of a 145 proceeding (Criminal Misc. Case No.141 of 1975) in which the petitioner, the opposite party and one G.N. Mohanty were parties. Those properties were also the subject-matter of Title Suit No.38 of 1975 which had been filed by the petitioner in which Shri G.N. Mohanty was appointed receiver on furnishing security. The receiver matter was carried to