HANUMAN PRASAD Vs. THAKUR SULTAN SINGH

JUDGEMENT

(1.) THIS is a revision application against the order of the District Magistrate, Jaipur, directing that the Sub-Divisional Magistrate, Kishangarh should hand over the bus No. RJL 711 to Rehwat Singh, an employee of Sultan Singh, on his executing a bond to the extent of Rs. 5,000/- as required under clause 4 of sec. 517 of the Code of Criminal Procedure.

(2.) THE facts giving rise to it are as follows: - One Mool Chand was prosecuted under sec. 379 of the Indian Penal Code in the court of the Extra Magistrate, Kishangarh for the theft of the said bus. He was however, discharged on the 19th November, 1951. As regards the disposal of the bus in question, the learned Magistrate referred the case for necessary orders under sec. 518 to the Sub Divisional Magistrate, Kishangarh. THE Sub Divisional Magistrate ordered an issue of notice to Sultan Singh and Mst. Bhanwari through Hanuman Prasad. THE case remained pending in the court of the Sub Divisional Magistrate for over two months. Meanwhile Sultan Singh made two applications before the District Magistrate, Jaipur, one, under sec. 528 of the Code of Criminal Procedure for transfer of the case to the court of Sub Divisional Magistrate, Kishangarh, and the other under sec. 520 of the Code of Criminal Procedure. THE District Magistrate, without issuing notice of either of the two applications to Mool Chand, Mst. Bhanwari or Hanuman Prasad, disposed of the applications purported to be under sec. 520, and made an order above referred to. He did not make any order for the transfer of the case.