STATE OF RAJASTHAN Vs. CHAUTHA RAM

JUDGEMENT

(1.) ORDER :- Heard the learned Public Prosecutor. None appeared on behalf of the non-petitioner.

(2.) By this petition u/S. 482, Cr. P.C., the petitioner has prayed that the order dated 1st May, 1996 passed by the learned Additional Sessions Judge, Pali in Criminal Revision No. 8/94 whereby the learned Additional Sessions Judge set aside the order dated 23rd November, 1993 passed by the learned Judicial Magistrate, Ist Class, Sumerpur in Criminal Case No. 326/93 and awarded compensation to the tune of Rs. 25,000/- to the non-petitioner and made it payable by the petitioner.

(3.) The learned Public Prosecutor has submitted that the learned Additional Sessions Judge, Pali has erred in law as well as facts in accepting the revision petition and awarding compensation to the non-petitioner. It is further submitted by the learned Public Prosecutor that S. 457, Cr. P.C. does not provide for award of compensation to the person, who is entitled to possession of the property, and therefore, the order passed by the learned Additional Sessions Judge is without jurisdiction. It is further submitted by the learned Public Prosecutor that the car which was seized by the police was kept at the Police Station and on account of short circuit in the electric wiring the car was damaged and there was no negligence on the part of the police officers of the police station. It is further submitted by the learned Public Prosecutor that the determination of compensation can be done by Civil Court only and in any case, the award of compensation to the extent of Rs. 25,000/- is not justified. He has, therefore, prayed that the impugned order dated 1st May, 1996 passed by the learned Additional Sessions Judge, Pali be quashed and set aside and the order passed by the learned Judicial Magistrate be restored.