(1.) This revision petition under Section 397 of the Code of Criminal Procedure (hereafter referred to as 'the Code') has been directed against the order dated 15-10-2001 passed by the learned Additional Sessions Judge, Shimla, whereby he had dismissed the appeal preferred by the petitioners under Section 454 of the Code against the order of the learned Judicial Magistrate, confiscating the case property, subject matter of theft in Criminal Case No. 17/2 of 1999/97 against the petitioners, in favour of the State.
(2.) Brief facts leading to the presentation of this petition are that the petitioners were tried by the learned Judicial Magistrate Ist Class, Jubbal, on a charge under Sections 379 and 188 IPC. The allegations against them were that they had removed the apple crop from an orchard for which Tehsildar, Jubbal was appointed a Receiver. On trial, the learned Magistrate found the petitioners not guilty and accordingly acquitted them of the charge. However, the sale proceeds of the apple seized during investigation as the stolen property amounting to Rs. 2500.00 were confiscated in favour of the State.
(3.) Feeling aggrieved by the said order of confiscation, the petitioners preferred an appeal under Section 454 of the Code which was heard by the learned Additional Sessions Judge, Shimla and was dismissed by the impugned judgment on the ground that the appeal was incompetent as it did not lay to the Court of Sessions and the remedy of the petitioners was to file a revision petition in the High Court. Hence the present revision petition by the petitioners.