CHANDRABHAN Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This Criminal Application under Article 227 of the Constitution of India and under section 482 of the Code of Criminal Procedure, 1973 (for short, "the Code") is directed against an order dated 5th May, 1983 passed by the learned Judicial Magistrate, First, Class, Gangapur on the application of Respondent No. 2 - Habib Amar-under section 456 of the Code in Miscellan- eous Application No. 38 of 1983.

(2.) There appears to be no dispute over the fact that petitioner named Chandrabhan s/o Mahdu is the owner and possessor of land, Gat No. 10 of village Shirasgaon, Taluka Gangapur, District Aurangabad, and there are standing trees in that field.

(3.) It appears that there are forty trees in the said land, Gat No. 10, out of which some trees were cut and wood was lying in that field. According to the petitioner, when he was out of station for a long period, the accused (Respondent No. 3 herein) is alleged to have taken undue advantage of his absence and applied before the Tahsildar to seek permission for cutting all the trees in the said portion of land which was possessed by him, when the petitioner got the knowlege of the said fact, he objected to the same before the Tehsildar and the Tehsildar stayed the proceedings regarding grant of permission to cut the trees. The accused is alleged to have obtained the permission of the Tahsildar and he removed those trees and dishonestly sold the cut trees about 28 in number, to one Shabbir. It is further alleged that there was a quarrel between Shabbir and the accused and hence one Mehboobbhai, brother of Shabbir, lodged a complaint at the police station, Gangapur, on 23-10-1982 and on the basis of this complaint, the police attached the cut trees in the field. The present petitioner filed an application before the learned Magistrate at Gangapur on 18-3-1983 making a prayer that the wooden logs be handed over to him as they belonged to him. The Assistant Public Prosecutor was directed to file his say, but he did not file any. On 28-3-1983, the learned Magistrate ordered that the muddemal property be returned to the petitioner on his executing a bond of Rs. 2,000/- on visual terms.