LAWS(ORI)-1965-1-8

JAHARA PANIGRAHI Vs. ULA PANIGRAHI

Decided On January 19, 1965
JAHARA PANIGRAHI Appellant
V/S
ULA PANIGRAHI Respondents

JUDGEMENT

(1.) PETITIONER filed a complaint against the opposite parties alleging that the son of the petitioner and some other persons were bringing their paddy from the field on 12-12-1961 when the opposite parties removed the paddy from their custody and kept them in their own thrashing floor. Police seized the paddy from the thrashing floor of the accused on 11-1-1962. The accused persons were acquitted of the charges under Sections 379 and 477, Penal Code on 17-12-1963. No appeal was filed and the order of acquittal became final. The complainant filed an application before the Magistrate under Section 517, Criminal P. C. for return of the sale proceeds of the paddy seized from the thrashing floor of the accused on 11-11962. The Magistrate passed the following order on 22-2-1964 :

(2.) A preliminary objection was raised before the learned Sessions Judge that no appeal lay to him under Section 520, Criminal P. C. from an order passed Section 517 (1), Criminal P. C. The learned Sessions Judge accepted the contention of the complainant that no appeal lay. But he came to the conclusion that he could exercise power of superintendence and could interfere with the order. It would be pertinent to quote the order of the learned Sessions Judge to appreciate the point in issue. It is well settled in Sharfuddin v. Sirajuddin, 27 Cut L T 23 : (A I R 1961 Orissa 121) that an independent appeal under Section 520, Criminal P. C. is not maintainable. But a petition can be filed by the aggrieved party under Section 520, criminal P. C. challenging the order passed by the trial Court under Section 517, criminal P. C. The higher Criminal Courts act under Section 520, Criminal P. C. in exercise of their general power of superintendence.

(3.) MR. P. V. Ramdas raised two contentions : (i) The learned Sessions Judge has no appellate forum under Section 520, Criminal P. C. against an order under Section 517, Criminal P. C. He has also no power of superintendence. The power of superintendence is conferred under Section 435, Criminal P. C. which is subject to Section 438, Criminal P. C. The Sessions Judge-can make a reference to the high Court and cannot annul the order of the Magistrate. (ii) On merits the learned Sessions Judge did not take into consideration the evidence of the witnesses for the complainant stating that the complainant grew the crop.