GANDHI RAI Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard learned counsel for the petitioner and learned Additional Public Prosecutor on admission.

(2.) This is an application under Section 482 of the Code of Criminal Procedure praying therein to quash order dated 9.7.2002 recorded by the Sessions Judge, East Champaran at Motihari in Criminal Revision No. 185 of 2002 whereby and whereunder the learned Sessions Judge had upheld the order recorded by the Sub-divisional Judicial Magistrate, Sikrahna dated 23.5.2002 in connection with Chiraiya P.S. Case No. 123 of 2001 in which the learned Magistrate had directed to release the seized woods in favour of the informant on furnishing a security bond. The petitioner is the accused in that case. Learned counsel for the petitioner submits that from documents it is clear that the petitioner had title over the land from which the aforesaid woods were obtained, hence the seized woods should have been released in favour of the petitioner.

(3.) I find that this point was also raised before the learned Magistrate as well before the learned Sessions Judge, hearing the revision. On consideration of the materials on record including the report of the Investigating Police Officer the order was passed in favour of the informant which, as already seen, was upheld in the revision also.