PREM NARAIN SINGH Vs. RAMRAJ SINGH

JUDGEMENT

(1.) This revision has been preferred against the revisional order dated 13.4.1988 passed by the V. AddI. Sessions Judge, Fatehpur Setting aside the order dated 19-11-1987 of the CJ .M. Fatehpur regarding the release of a Tractor.

(2.) The relevant facts necessary for the decision of this revision may be narrated that the Tractor No. V.R.S. 1887 was seized by the Police of P.S. Dhata, District Fatehpur. Sri Prem Narain Singh, the present revisionist (Hereinafter referred as the revisionist) moved to the Magistrate Khaga for the release of the Tractor. He moved an application before the C.J.M. for transfer of the case from that Court. The C.J.M. withdrew that case to his own Court vide order dated 6th November, 1987. On 19-11-1987 he ordered the release of the Tractor in favour of the revisionist. Sri Ramraj Singh the present opposite party preferred a revision against that order. One of the contentions raised before the learned Add!. Sessions Judge was that the case had not been made over to the MunsifMagistrate Khaga, by the Chief Judicial Magistrate and as such he had no power to with draw the case and the order passed by the Munsiff Magistrate was without jurisdiction and nullity, The learned AddI. Sessions Judge accepted his contention. It was contended on behalf of Sri Prem Narain Singh before the learned AddI. Sessions Judge that the revision was not against the withdrawal of the case but against the final order. The learned AddI. Sessions Judge was of the opinion that the C.J.M. had no power to withdraw the case, hence proceedings conducted by him had become illegal in the eye of law and as such the impugned order was bad. He set-aside the Magistrates order and remanded the case to the Munsiff - Magistrate Khaga. Being aggrieved, Sri Prem Narain Singh has preferred this revision.

(3.) I have heard the learned Counsel for the parties and perused the records.