SIHOR PANJARAPOLE Vs. STATE OF GUJARAT

JUDGEMENT

(1.) HEARD the learned advocates appearing on behalf of respective parties.

(2.) IN Special Criminal Application no. 1516 of 2006, the applicant panjarapole has challenged the order passed by Judicial Magistrate, First Class, Shihor in respect of Crime Register No. II-121 of 2006 registerd with Shihor Police Station. The J. M. ,f. C. , Shihor has granted the custody of cattle to opponent No. 2 yunusbhai who is residing at Viradi, Taluka gariyadhar while exercising the powers under Section 451 of the Code of Criminal procedure without calling the present applicant and without giving any opportunity of hearing to applicant.

(3.) THIS order is challenged by present applicant - Panjarapole being Criminal revision Application No. 79 of 2006, where, by order dated 2nd September 2006, the District Judge, Bhavnagar was pleased to reject the revision application by confirming the order passed by J. M. ,f. C. , shihor.