SHAMRAO SAMPATRAO KHANDERAI Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THE applicant has filed this application under Section 482 Cr. P. C. challenging the order of the Judicial Magistrate First Class, Akot, in Criminal case No. 247 of 1977 whereunder the Magistrate has directed that the custody of the she-buffalo in question should be given to the complainant (Lilabai) in that case on her executing the requisite bond that the complainant would produce the she-buffalo whenever directed by the Court.

(2.) IN order to understand the alleged grievance of the applicant, it will be necessary to state a few facts. On 13-12-1976 Baburao, acting on behalf of his mother Lilabai (present respondent No. 2), filed a report with the police alleging that Ramrao Sampatrao Gawande has committed theft of the she-buffalo belonging to Lilabai. On the basis of that complaint the police started investigations. The she-buffalo in question was seized from the possession of the present applicant Shamrao. The question arose before the Magistrate as to whom the custody of the she-buffalo should be given. Shamrao filed an application on 18-12-1976 praying that the custody of the she-buffalo be given to him. He contended in that application that he had purchased the she-buffalo from Ramrao Gawande. On that application the Magistrate passed an order dated 22-12-1976 that the she-buffalo should be entrusted to Shamrao on the condition that he would produce it whenever directed or would pay a penalty of Rs. 1500/ -. Thereafter respondent No. 2 Lilabai filed an application requesting the Court that the custody of the she-buffalo should be made over to her. She contended that Shamrao had alleged that he had purchased the she-buffalo for Rs. 1500/-when its price was Rs. 2500/ -. She also contended that the transaction thus is not of a bona fide nature at all. The learned Judicial Magistrate, after hearing Lilabai as well as Shamrao, passed an order on 5-12-1977 that the she-buffalo should be given in the custody of Lilabai on her executing the necessary surety bond.

(3.) THE above order was challenged by Shamrao in the Sessions Court, Akola, in Criminal Revision No. 68 of 1977. The said revision was dismissed on 19-5-1978 and hence this application.