ARUN KUMAR Vs. STATE OF U.P.

JUDGEMENT

(1.) This revision has been filed against the order dated B.1.92, passed by the Sessions Judge, Basti, in Criminal Revision No. 568 of 1992 whereby he has set aside the order dated 27.11.1992, passed by the Chief Judicial Magistrate, Basti.

(2.) The facts of the case, in brief, are that case crime No. 469 of 1992 was:- registered at police station G.R.P. Basti under Sections 481, 482, 420 and 468 I.P.C. in respect of four bundles of cashmelon threads seized. The matter was investigated and the police submitted a final report under Sections 169, Cr. P.C. before the learned Magistrate and it was also reported by the police that the prosecution has no objection if the property is released in favour of the appellant Arun Kumar. During the investigation the applicant Arun Kumar claimed himself to be the owner of the property seized. The learned Magistrate pending inquiry passed an order for interim custody in favour of the applicant on his furnishing two sureties of Rs. 30,000.00 and a personal bond in the like amount.

(3.) Being aggrieved, the State filed a revision, being No. 508 of 1982, before the learned Sessions Judge, Basti. The learned Sessions Judge held that the order of interim custody could have been passed under Sec. 457 Cr. P.C. and not under Sec. 451 of the Code of Criminal Procedure as the property had not been produced before the court of law. During the investigation the Investigating Officer found no sufficient material to proceed with the prosecution, hence he submitted a final report.