RAMPAL Vs. STATE

JUDGEMENT

(1.) This application in revision is by Rampal against an order of the learned Sub-Divisional Magistrate of Ghaziabad passed on 1-12-1955, giving the custody of certain bullocks to Hirdan Singh. A revision was filed against that order before the learned Sessions Judge but it was rejected by him on 19-1-1956, on the ground that the order delivering the bullocks to Hirdan Singh appears to be justified in the circumstances of the case.

(2.) The first point which has been contended on behalf of the applicant is that when the Magistrate had passed an order on 22-1-55, directing that the bullocks be given to the custody of Rampal on taking security from him in the sum of Rs. 1 500/- that order became final and it was not open to the Magistrate to supersede that order subsequently on 1-12-1955, by which he directed that the bullocks be given to Hirdan Singh on the furnishing of proper security. It has next been contended that the Sub-Divisonal Magistrate was not competent to review the earlier order of 22-1-(sic).

(3.) Narain Singh and Rampal pre related to each other. On 28-10-1955 a marpit took place. In connection with that marpit one report was lodged by Udai Singh, who contended that Rampal and others had raided his residence and had attacked him with lathis. Another report was lodged by Rampal to the effect that Narain Smgh and others had invaded his gher and attacked him with lathis. The police challanned Rampal and certain others Under Sections 326, and 325 and certain other sections of the IPC but submitted a final report in the case against Udai Singh and others including Narain Singh. It was in connection with investigation in the case of State v. Udai Singh and Ors. that the police had recovered two bullocks from Hirdan Singh. Before the submission of the final report the police sought the advice of the Magistrate in connection with these two bullocks and the. Magistrate obviously in his advisory capacity passed the following order on 22-1-1955: