SHIV CHARAN Vs. STATE OF U P

JUDGEMENT

(1.) This revision is med under Section 397, Cr. P.C., for revising the order passed by the chief Judicial Magistrate, Ghaziabad, dated 18-11-1981 whereby he recalled his earlier order dated 28-9-1981, which related to giving the custody of buffalo to the applicant. The order dated 18-11-1981 was recalled on the ground that the order previously passed was without jurisdiction and as such he was not competent to deal with the property.

(2.) The case of the applicant is that he purchased a buffalo on 14-6-1981 from Kutter market and subsequently on 9-9-1981 one S.I. Han Prasad alongwith other policemen and other persons came to his village Rajapur and told the applicant that he is keeping a stolen buffalo, which he took away forcibly to P.S. Ghaziabad. When the applicant approached the S.I. for tile return of the buffalo, he did not return the buffalo and made the applicant to go away. Thereafter the applicant moved the Chief Judicial Magistrate, Ghaziabad, on 22-9-1981 by means of an application for giving the buffalo to him. On 28-9-1981 the Chief Judicial Magistrate, Ghaziabad, passed the following order: No report received inspite or opportunity given twice. Buffalo be given in the supurdagi of the applicant on his executing surety of Rs. 4,000/- with the P.S. in the like amount. Applicant to produce as and when required.

(3.) This order was subsequently recalled by him as has been stated earlier. In this case, it is not disputed that the said seizure of buffalo was not reported to the Magistrate by the police as required under Section 457, Cr. P.C.