LAWS(ALL)-1995-8-84

BHIM SEN Vs. STATE OF U P

Decided On August 17, 1995
BHIM SEN Appellant
V/S
STATE OF UTTAR PRADESH Respondents

JUDGEMENT

(1.) THIS application under Section 482, Cr. P.C. has been filed by applicant Bhim Sen for quashing of the order of learned Sessions Judge passed in Criminal Appeal No. 152 of 1981 directing the bullocks to be returned to Dev Singh opposite party No. 2.

(2.) THE learned counsel for the applicant contended that the bullocks of the applicant were thieved and he bdged a report about that theft. THE bullocks were recovered from the possession of the accused and he was prosecuted and charged under Section 411, I.P.C. THE lower court found him guilty of the charge levelled against him and accordingly he was convicted and sentenced. On appeal by the accused opposite party, he was acquitted and the bullock were directed to be returned to accused opposite parity No. 2 on the assumption that the bullocks were taken into custody from the possession of Devi Singh accused hence he was entitled to the custody of the bullocks as owner. Learned counsel for the applicant contended that the bullocks belonged to the applicant and he was not a party in the appeal. In his absence the order of return of the bullocks in favour of the opposite party No. 2 has been passed without giving an opportunity of hearing to the applicant. THE order is, therefore, is bad and is illegal hence liable to be quashed. THE opposite party filed counter-affidavit and in Paragraph 15 of the counter-affidavit he has asserted that the applicant could have approached this court in revision against the order of acquittal and that was only the proper forum to redress his grievance.

(3.) WITH the observation above, this application stands disposed of.