DAIJIT SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) An application was filed by Daljit Singh petitioner through Karam Singh for the return of the articles belonging to him which were taken into possession by the police. This application was filed on August 26, 1985. The learned Chief Judicial Magistrate, Kamal vide his order dated May 19, 1986, ordered that the 12 articles mentioned in the application be returned to Karam Singh, attorney of Daljit iSingh applicant Karan Singh was directed to execpte Sapurdnama. State of Haryana went in appeal. Shri V.K. Kaushal, Sessions Judge, Karnal vide his order dated September 12, 1986 accepted the appeal and sent back the case to the Magistrate to decide it fresh as he was of view that Section 457 of the Criminal Procedure Code will not apply, but Section 458 of the Criminal Procedure Code will apply. Feeling aggrieved, Daljit Singh has filed this revision petition.

(2.) Mr. R.K. Chhokar, leamed Counsel for the petitioner, has submitted that there was no right of appeal against the order passed by the Chief Judicial Magistrate as he had only ordered the return of the articles seized from Daljit Singh by the police to him.

(3.) I have gone through the record. None appeared for the State of Haryana. Without going into the proposition whether the order passed by the Chief Judicial Magistrate on May 19, 1986, was appealable or not, I find that the order of the learned Sessions Judge, dated September 12, 1986 is not legally maintainable.