T NARAYANASWAMY Vs. STATE

JUDGEMENT

(1.) This Cr. P.R. is filed by the petitioner who is an accused in the trial Court under S. 397 read with 401 of Cr. P.C., against the order dated 28-12-89 passed by the Prl. Sessions Judge, Shimoga in Cr. R. P. No. 29/89 setting aside the order dated 14-11-88 passed by the II Additional Munsiff and J. M. F. C., II Court, Shimoga in C. C. No. 5123/88.

(2.) I have heard the learned counsel for the petitioner and the learned Government Pleader for R. 1 and the learned counsel for R. 2.

(3.) The petitioner filed a complaint against respondent No. 2 alleging that he has committed an offence punishable under S. 379, I.P.C. by committing the theft of his Autorickshaw. The complaint was referred to Scote Police Station, Shimoga under S. 156(3), Cr. P.C. The police investigated into the case and filed 'B' report to the effect that the complaint of the complainant is false. The petitioner challenged the 'B' report filed by the police. The trial Court took cognizance of the offence and sworn statements of the complainant and his witnesses were recorded and summons was issued to the respondent No. 2. At that stage, the petitioner filed an application under S. 451, Cr. P.C., for the interim custody of the vehicle. Respondent No. 2 also filed an application under S. 451, Cr. P.C. The State Bank of Mysore also filed an application for the interim custody of the vehicle and the learned Munsiff and J.M.F.C., II Court, Shimoga after hearing all the concerned parties in the matter passed an order dismissing the applications of the petitioner and the State Bank of Mysore for the interim custody of the Autorickshaw and she allowed the application of respondent No. 2, and granted interim custody to him. Respondent No. 2 was aggrieved by this order and he preferred Cr. R. P. No. 28/89 in the Court of Prl. Sessions Judge, Shimoga against the said order. The learned Prl. Sessions Judge, Shimoga after hearing both sides passed an order on 28-12-89 allowing that revision petition and setting aside the order of the learned Munsiff and J. M. F. C., Shimoga granting interim custody of the Autorickshaw to respondent No. 2. Being aggrieved by that order, the petitioner who is an accused in the trial Court has preferred this revision petition.