ABDUL RAHIM Vs. STATE

JUDGEMENT

(1.) One Abdur Rahim who was working as Station Master was prosecuted under Section 161 of the Penal Code for having accepted a bribe of Rs. 600/- from Mahabir and Thagram. The case was tried by a Special Magistrate of the first class of Lucknow and ended in the acquittal of Abdur Rahim. Abdur Rahim then applied for restoration of Rs. 600/- which had been taken from him by the police. The learned Magistrate by his order dated 11-4-1953, rejected the application of Abdur Rahim for return of the money.

(2.) The matter was taken up in appeal and the learned Sessions Judge dismissed the appeal. Abdur Rahim then came in revision to this Court and his revision application was allowed by my learned brother Hari Shankar, J. by his order dated 8-12-1954. My learned brother, however, failed to hear the complainant opposite party, viz., Salik Ram and consequently an application was made under Section 561A, Criminal P. C. for set- ting aside the order passed and for a re-hearing of the revision application. This application was allowed by my learned brother who set aside his previous order and directed that the revision application be restored and be heard by some other Judge. It is in pursuance of this order that the matter came before me and it has been argued before me independently of the judgment of my learned brother.

(3.) The only point which now arises is whether Section 517, Criminal P. C. justifies the return of the money to Abdur Rahim or whether it should be given to Salik Ram. Section 517 (1) reads as follows :