HAN MOHAN SHIVHARE Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This revision is directed against the order dated 17.6.1983 whereby a bus, bearing registration number U. T. B. 2792 has been released on supurdnama to the non-applicant No.2 in whose name, the certificate of registration of the bus stands, along with her nephew, Ashok Kumar. The said bus is the subject-matter in a prosecution of the applicants under section 379 of the Indian Penal Code, on a report lodged by the non-applicant No, 2 on 11.10.1982 and seized on 15.11.1982 from the possession of the applicants.

(2.) The matter has been vehemently argued before me on the question of jurisdiction and propriety on the part of the learned Magistrate to release the bus in favour of the non-applicant No.2 and on the ownership, by the learned counsel appearing for the parties.

(3.) The learned counsel appearing for the applicants submitted that the trial Court had no jurisdiction to pass the order on an application made under section 457 of the Code of Criminal Procedure, 1973, hereinafter referred to as the CodeTT, once a challan has been filed by the police. It was contended that the order for custody of the property could only be passed under section 451 of the Code.