JAIPUR BENCH MOHD ISAQ Vs. STATE

JUDGEMENT

(1.) THIS is an application for revision by Mohd. Isaq against the order of confiscation of a hand-written Kuran by the learned City Magistrate Jaipur. THIS book was produced before him in a theft case against Gopinath and others. The Magistrate came to a finding that the case of theft of the book was not prima facie made out against any of the accused. He consequently discharged all the accused by his order, dated 24. 11. 54. In the said order he said that the Kuran Ex. P.-3 be forfeited to the Govt. Against this order of discharge, the State filed an application for revision before the Addl. Distt. Magistrate, Jaipur. Mohd. Isaq applicant also filed an application for revision before the Addl. Distt. Magistrate for setting aside the order so far as it related to the forfeiture of the book and for its delivery to the applicant. The application for revision by the Govt. against the order of discharge and the application for revision by the applicant were heard by the same Magistrate but not simultaneously. The application filed by the Govt. was first disposed of. Later on the application for revision filed by the applicant came up for hearing and it was dismissed on the simple ground that the application for revision against the order of discharge filed by the State had already been dismissed and, therefore, the application for revision filed by the applicant was also liable to be rejected

(2.) MOHD. Isaq has now come in revision to this Court. It has been argued by the learned counsel for the applicant that the learned Magistrate ought not to have made an order of forfeiture of the book when there were claimants to that book. It was argued that according to the order of discharge itself the book in question was not one regarding which any offence appeared to have been committed or which had been used for the commission of any offence. The learned trying Magistrate, therefore, was not justified in making an order of forfeiture of the book.