KUTUBUDDIN Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS miscellaneous petition under Section 482, Cr.P.C. is directed against the order of learned Munsif and Judicial Magistrate, Pokaran dated 14.6.84.

(2.) THE main grievance of the petitioner is that learned Munsif and Judicial Magistrate has wrongly ordered for the auction of eight bullocks of the petitioner.

(3.) THE brief facts of the case are that on 29.3.82 at 6.00 p.m. the Incharge of Police Out -Post Lathi had received information from one informer that in the east, 5/6 miles from village Bhadariya two persons alongwith eight bullocks were going towards village Tawarki. Upon this information, the Head Constable followed these persons and on 30.3.82 one Shri Noor Khan S/o Tamachia Khan (father of the petitioner Kutubuddin) was arrested alongwith eight bullocks. A complaint was lodged to the Munsif and Judicial Magistrate, Pokaran by the SHO, Pokaran. It has been alleged in the complaint that the father of petitioner Shri Noor Khan has not given any satisfactory explanation regarding the ownership of these, bullocks, therefore, it was doubted that these bullocks might have been stolen. They were seized by the police and later on handed over to kutubuddin on 'Supardginama'. On investigation by the police it is found that the eight bullokcs are the property of petitioner Kutubuddin.