GANESHI LAL RANCHHODDAS MAHAJAN Vs. SATYA NARAIN TIWARI

JUDGEMENT

(1.) FACTS giving rise to this petition are that the opponent No. 1 Satyanarain lodged a report at Chhatripura Police Station on 18-1-1954 that Sadhusingh had taken from him a pair of gold Kadas weighing about 13 or 13-1/2 tolas on 13-10-1952 on the pretext that they were required by his wife for use in the marriage of one of her relatives; that Sadhusingh did not return the gold Kadas, appropriated them to himself and pledged them as his own property.

(2.) ON this report the police registered an offence under Section 406, I. P. C,, and commenced investigation. On 19-1-1954 the police seized the gold Kadas from the petitioner Ganeshilal, proprietor of the firm Gendalal Ganpatlal, with whom sadhusingh had pledged them for Rs. 925 on 14-10-1952. Sadhusingh could not be arrested as he was found to be absconding. Proceedings were therefore taken under Section 512, Criminal Procedure Code, and in connection with these proceedings the pair of Kadas were produced in Court by the police.

(3.) ON 2-2-1954 the petitioner applied for return of the Kadas contending that they were pledged with him by Sadhusingh and he had a right to retain them so long as they were not redeemed. The application of the petitioner was opposed by satyanarain Tiwari and the learned Additional District Magistrate, Indore, rejected the application and directed the parties to go to the Civil Court to establish their claim. The petitioner preferred a revision application against this order which was heard by the Additional Sessions Judge, Indore. As the learned Judge was of opinion that the order of the trial Court is legally erroneous he has referred the matter to this court under Section 438, Criminal Procedure Code.