MAHADEV Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Heard the learned counsel for the parties.

(2.) In the present case Narain, informant lodged a FIR with Police Station Govindgarh alleging therein that the petitioner Mahadev alongwith his sons dishonestly took away a she - buffalo from his possession. On such report a case of an offence under Section 379 I. P. C. was registered at the Police Station and after investigation Mahadev petitioner was chargesheeted. It is reported that by now a charge for the offence under Section 379 IPC has already been framed against the petitioner and he is facing trial for that.

(3.) In the course of investigation of the case the police seized the stolen property, that is the she buffalo from the possession of the petitioner. Both the parties moved their application under Section 447 Cr. P. C. before the learned Magistrate. After hearing the learned counsel for the parties the learned Magistrate, directed that the 'sapurdgi' of the she buffalo, during the pendency of the proceedings be entrusted to the petitioner on his, executing a Supurdgi Nama in the amount of Rs. 10,000/-. Narain non-petitioner challenged this order of the Magistrate before the learned Sessions Judge Jaipur Distt. Jaipur who by his impugned order dated 5-6-96, reversed the order of the learned Magistrate and directed that the supurdgi of the she-buffalo be entrusted to Narain, the non-petitioner. Aggrieved against such order passed by the learned Sessions Judge on 5-6-96 Mahadev accused petitioner has approached this Court under Section 397 Cr. P. C.