JUDGMENT :

M.M. Das, J. - Heard learned Counsel for the Petitioner and the learned Counsel for the State.

2. This is an application u/s 482 Code of Criminal Procedure where the Petitioner has impugned the order dated 29.2.2008 passed by the learned S.D.J.M., Bhubaneswar in Misc. Case No. 128 of 2008 arising out of G.R. Case No. 2073 of 2007. The said G.R. Case has been registered against M/s. Anu Nuts and Fruits for commission of alleged offences under Sections 418/420/468/471/273/472/34 IPC and the Criminal Case is being investigated by the C.I.D, C.B., Orissa, Cuttack in C.B.P.S. Case No. 13 of 2007.

3. During the course of investigation, the Investigating Agency seized one Samsung Mobile Phone allegedly belonging to the Petitioner. Charge sheet has been filed, but investigation has been kept open u/s 173(8) Code of Criminal Procedure.

4. The Petitioner filed Misc. Case No. 128 of 2008 in the aforesaid G.R. Case u/s 457 Code of Criminal Procedure jointly along with one Abhisek Kar for release of one mobile phone and two Laptops in favour of Abhisek Kar and the Samsung mobile phone in favour of the present Petitioner.

5. After hearing the learned Counsel for the parties, the learned S.