KHAGENDRA NARAYAN DEB Vs. RANEE PURNIMA DEBI

JUDGEMENT

(1.) THIS ia an application under 5. 439, Criminal P.C. seeking to get aside the order of the learned Sessions Judge, h. A. D., dated I6fch May 1949, by which ho Bet aside the order of the 8. D. 0., Mangaldai, dated 12th May 1948, by which the S. D. 0. had ordered an elephant, a guddi (trappings) and a chain to be returned to tbe petitioner.

(2.) IT appears that the petitioner had lodged a first information report on 25th January 1913 alleging that his elephant had been stolen by the accused -respondent. Three days later, on 28th January 1948, the elephant was seized by the police from the possession of the respondent. The police, however, did not send up a case against the respondent for theft, but instituted proceedings Under Section 117, Penal Code. On 26th April 1948, the S. D. 0. transferred the case Under Section 147, Penal Code, to the 2nd E. A. 0. for disposal. While this case waa pending before the 2nd E. A. 0., the police requested the 8. D. 0, to make an order confirming the custody of the property in the possession of the petitioner to whom the police had handed over the property during the course of the investigation. The S. D. 0. endorsed the report of the police by writing upon it the word 'Yes.' Against this order, the respondent appealed to the Sessions Court, and the learned Sessions Judge set aside the order of the S. D. 0 and awarded the custody of the property to the respondent. It is against this order that the petitioner has corns in revision.

(3.) WE do not agree with the learned Sessions Judge that the 8. D. 0,, in passing the order dated 12th May 1048, acted without jurisdiction.