GANESH NAYAK Vs. DYAMAPPA ADIVEPPA

JUDGEMENT

(1.) This petition is directed against the order dated 1.5.81 passed by the Judl. Magistrate I class Hirekerur, in private Complaint No. 42 of 1980, allowing the application filed by the respondent and ordering that the she-buffalo in the case be returned to the respondent on certain conditions, The undisputed facts are that the respondent Dyamappa filed a complaint on 20.12.80 before the Magistrate under S. 200 Crl.P.C. that the accused had committed theft of his she- buffalo and its calf. On the same day he filed an application under S. 94 Crl. P. C. The magistrate did not pass any order on the application, under S. 94 of the Code. In regard to the complaint filed under S. 200 of the Code, he directed investigation by the poli:e in exercise of his powers under sec. 156(3) of the Code. The police investigated into the case in accordance with the provisions in Chapter XII of the Code; During the investigation, they seized the buffalo and its calf from the possession of the accused-petitioner, as is clear from the panehanama recorded in that behalf. In accordance with the provisions in S. 457 of the Code the investigating officer reported the seizure to the Magistrate. At that stage both, the petitioner and the respondent complainant filed applications for possession of the buffalo on the ground that each one of them is entitled to possession, thereof.

(2.) The learned Magistrate rejected the application filed by the petitioner and allowed the application filed by the respondent complainant, and directed that the possession of the buffalo and the calf be given to the respondent- complainant. That is the order now impugned.

(3.) The fact that no order has been passed by the Magistrate on the application filed by the respondent - complainant under S. 94 of the Code, shows that it was kept pending on the file of the Magistrate. The fact that the Magistrate referred the complaint for investigation to the police under S. 156(3) of the Code clearly demonstrates that he directed the police to investigate into the allegations in the complaint made by the respondent complainant in exercise of their powers and in accordance with the procedure provided in Chapter XII of the Code.