BHAGABAT GOOR Vs. HARI KISHORE BHATTACHARJEE,

JUDGEMENT

(1.) THIS reference has been made regarding the order of the Second Class Magistrate, Dharmanagar, passed under Section 523(2) Criminal Procedure Code directing the bullock seized by the Police to be handed over to the respondent Hari Kishore Bhattacharjee, after holding that he was the rightful owner of the bullock.

(2.) THE case arose as follows :

(3.) ON 17 -3 -61, the petitioner Bhagabat Goor filed a petition before the S.D.M., Dharmanagar, claiming the bull. On 22 -3 -61, the O/C., Dharmanagar Police Station, sent a report to the Magistrate mentioning the circumstances (as stated above by me) under which the bull was seized as unclaimed property and he prayed that action may be taken under Section (2) Criminal Procedure Code for ascertaining the owner. Then, the Magistrate registered a case under Section 523 and held an enquiry after issuing notice to the petitioner and the respondent and he held that the respondent was the rightful owner of the bullock and he directed the bullock to be handed over to him.