ANSAR HUSAIN Vs. STATE THROUGH CHITTAR SINGH

JUDGEMENT

(1.) This is an application in revision by Ansar Husain, who has filed a complaint against Chhittar Singh, Charging him with an offence punishable under Section 4()6 of the Indian Penal Code, in the court of a Magistrate of the first class at Etah. It has been alleged in the complaint that the complainant had purchased two bullocks from the accused, who is his tenant; that the bullocks were allowed to remain with the accused, who was employed to look after the complainant's cultivation ; and that after his dismissal the accused now refuses to part with the bullocks.

(2.) When the complaint was filed, the bullocks were in the possession of the accused. The complainant made an application to the court saying that as there was an apprehension that the accused might cause the bullocks to disappear, they may be attached by the police, and handed over to a Sapurdar. On this application, the court made the following order ex parte.

(3.) When the bullocks were taken away from his possession, the accused appeared before the court and filed an application denying the allegations made in the complaint and praying that the bullocks be returned to him and he was ready to furnish security to the extent of Rs. 350. which was the estimated value of the bullocks. After hearing the parties, the court made the following order: