RAMCHETSING ARJUNSING Vs. DEOJI KALYANJI

JUDGEMENT

(1.) IN this criminal revision application we are concerned with the question of the legality of an order purporting to have been made under Section 516 A of the Criminal Procedure Code, 1898, in the following circumstances. On April 7, 1941, the opponent complained to the Second Class Magistrate, Andheri, that the applicant before us had committed criminal breach of trust in respect of certain buffaloes. The complainant's story appears to be that in December, 1940, having occasion to leave Bombay, he handed over a herd of forty buffaloes to the accused, who was his servant. He returned to Bombay in March, 1941, and when he called upon the accused to restore the animals the accused refused to do so, alleging that they belonged to him. We understand that the accused's case is that he and the complainant were doing milk business in partnership. The complainant also alleges that the accused has wrongfully disposed of some of the buffaloes. IN the verification of the complaint the complainant requested that the animals should be at once restored to him. The Magistrate forwarded the complaint to the Police Sub-INspector for inquiry and report under Section 202, and in the forwarding endorsement he directed the Police that in case they found that the property belonged to the complainant and that a criminal offence appeared to have been committed in respect of it, it should, if necessary, be handed over to the complainant on his executing a bond with a surety in a sum equal to the valuation of the property, binding himself to produce it when required.

(2.) ON April 16, the complainant made an application to the Court asking that a warrant should be issued for the attachment of the buffaloes and on the same day the Magistrate made this order: As an offence appears to have been committed in respect of the animals aforesaid and the utensils and other articles (to be pointed out by the complainant), they should be attached and handed over during the pendency of the case in possession of the complainant on his executing a bond with a surety on a stamped paper for an amount equal to the Panch valuation of the animals etc., on condition of producing the animals when ordered by the Court so to do.

(3.) ON April 28, the Magistrate made this further order disposing of the accused's application of April 18:- It is not necessary to pass any orders in the application at this stage when orders in this respect have already been passed, pending decision of the case.