JUDGMENT :

A.K. Mohapatra, J.

1. The present criminal revision petition has been filed by the Petitioner under Section 401 read with Section 397 of Cr.P.C. challenging the order dated 15.01.2022 passed by the learned S.D.J.M., Birmaharajpur in Criminal Misc. Case (CMC) No.02 of 2022, arising out of 2(b)C.C. Case No.15 of 2021, corresponding to O.R. No.107 of 2021-22, arising out of U.D. Case No.6 of 2021-22, thereby rejecting the petition under Section 457 of Cr.P.C. filed by the Petitioner to release the vehicle bearing Registration No.OR-26-5135 (Pick-up Van).

2. Heard learned counsel for the Petitioner and learned counsel for the State. Perused the case records.

3. It is seen from the impugned order that the application filed by the Petitioner under Section 457 Cr.P.C. for release of the seized vehicle has been rejected by the learned S.D.J.M. Birmaharajpur, on the ground that a Confiscation Proceeding, vide O.R. No.107/2021-22 is pending for adjudication before the court below. In such view of the matter, the present Revision Petition has been filed for setting aside the impugned order and for release of the vehicle in favour of the Petitioner.

4. That on perusal of record, it