NANDA KISHORE Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The petitioner Nanda Kishore has filed this revision petition against the order dated 6-8-1977 passed by the Sessions Judge, Bidar in Crl Misc. Appeal No.22 of 1975 directing return of six articles MOs. 1 to 6 to the legal representatives of the deceased appellant, who are representatives of the deceased appellant, who are respondents 20 to 6 herein. The facts Accessary for the disposal of this revision petition may be stated in brief as under :

(2.) The Town Police of Bidar prosecuted the petitioner herein under S.98 of the Karnataka Police Act, for having been found in possession of MOs 1 to 6 under the reasonable belief that they were stolen properties and the petitioner failed to account for the possession of the same in the Court of the Chief Judicial Magistrate, Bidar, in CC.No.931/3/73. The Chief Judicial Magistrate acquitted the petitioner holding that the prosecution failed to establish that the properties M.Os. 1 to 6, which the petitioner was found in possession were stolen properties, as per his judgment dated 30-8-1975. As regards the disposal of the properties, one Govardhan who was the father-in-law of the petitioner put in his claim for possession of the properties in the criminal case. The Chief Judicial Magistrate having considered his claim, directed return of M.Os. 1 to 6 to the petitioner. Aggrieved by the order regarding the disposal of the properties, the said Govardhan preferred Criminal Miscellaneous appeal No. 22 of 1975 before the Sessions Judge, Bidar. The appellant Govardhan died during the pendency of the appeal and in his place his legal representatives were brought on record.. The learned Sessions Judge allowed the claim of the appellant, set aside the order of disposal of the properties passed by the trial Court and directed return of the properties to the legal-representatives of the appellant. The petitioner has filed the present revision petition questioning the correctness of the order of the Sessions Judge.

(3.) It is seen from the records that the claim advanced by Goverdhan for possession of the properties was based on a decree obtained by him in O.S. No. 183 of 1974 on the file of the Munsiff, Bidar, against the petitioner herein, under which the said Govardhan was declared to be the owner of the properties M.Os. 1 to 6 subject to the decision in the criminal case. The learned Sessions Judge, who reversed the order of the trial Court has placed reliance on this decree.