PRASHANT KUMAR, J. - (1.) THIS application is directed against the order dated 07.01.2000 passed by 5th Additional Judicial Commissioner, Ranchi, in Criminal Revision No. 57 of 1999, whereby and whereunder he dismissed the revision filed by the petitioner.
(2.) IT is submitted that the petitioner is financer of Ambassador Car, bearing registration no. BR -14B 9694. It is further submitted that the petitioner filed a complaint petition in the court of C.J.M., Ranchi, because accused Pradip Jain failed to pay the installments of loan. It is submitted that said complaint petition sent to police station for institution of case. Accordingly, Kotwali P.S. Case No. 662 of 1998 registered. It is submitted that during the investigation said Ambassador Car seized by the police. It is submitted that the accused Pradip Jain filed an application for release of Ambassador Car and same was released in his favour by order dated 21.05.1999 passed by A.C.J.M., Ranchi. It is submitted that the against the said order, a revision filed by the petitioner. Aforesaid revision application dismissed by the impugned order. It is submitted that the order passed by A.C.J.M., Ranchi is final order, therefore, revision application filed by petitioner in the court below is maintainable. Having heard the submission, I have gone through the record of the case. From perusal of order dated 21.05.1999 passed by A.C.J.M., Ranchi, it appears that the vehicle released in favour of accused Pradip Jain under the provision of Section 452 of the Code of Criminal Procedure. Aforesaid section of Cr.P.C. deals with release of seized articles during the pendency of trial.
(3.) UNDER the said circumstance, I find that the learned Additional Judicial Commissioner rightly come to the conclusion that the order passed by the A.C.J.M. is interlocutory in nature. Accordingly, I do not find any reason to interfere with the impugned order. Accordingly, this application is dismissed. However, it is made clear that any observation made by the Additional Judicial Commissioner and/or A.C.J.M., Ranchi will not prejudice the case of either of the parties in future.;