S MOHINDER SINGH Vs. KANWAL SHARAN KALIA

JUDGEMENT

(1.) THIS petition under Section 115, Civil P. C. , raises the question whether it is within the competence of a Civil Court to interfere with an order passed by a Criminal Court in exercise of the powers conferred on it by Section 514, Criminal P. C.

(2.) THE petitioner in this case is one Mohinder Singh Director of the Rural Supply Company, ludhiana, while the respondents are the Punjab State, Kanwal Sharan Kalia, the New Bank of india and Hart Chand.

(3.) ON 6-1-1946 the Police took into possession 57 items of property belonging to Mohinder singh petitioner who was being prosecuted for a contravention of the Defence of India Rules. The articles were entrusted to the custody of one Kanwal Sharan Kalia, who executed a bond undertaking to produce the goods in Court when required so to do, or in default to pay a sum of rs. 5,000/- by way of penalty.