DHANNALAL Vs. STATE

JUDGEMENT

(1.) ACCUSED Dhannalal, Ramlal, Surajmal and Devilal were challaned in the court of Additional Munsiff -Magistrate, Bundi, for trial under Section 379, I.P.C. It is alleged that the accused committed theft in respect of 'Babul wood belonging to the complainant Jagannath, After necessary proceedings the accused persons were discharged by the trial court by its judgment dated January 24, 1967. Both the parties, i.e., the complainant Jagannath and the accused persons were directed by the court to approach appropriate civil court and get their respective claims relating to the property in dispute settled. Against this order, an appeal was filed by the accused Dhannalal and others in the court of Additional Sessions Judge, Bundi, praying that the 'Babul' wood should be ordered to be restored to them, as the same had been seized from their possession. The complainant did not file any appeal. Learned Judge observed in his judment that the wood would deteriorate till the disposal of civil litigation. He, therefore, ordered that it should be made over to any of the parties, which was prepared to give highest price, after obtaining requisite security.

(2.) AGGRIEVED against the above order, Dhannalal and others have filed the present revision -petition. Contention of learned Counsel for the petitioners is that the Additional Sessions Judge, Bundi, had no jurisdiction to pass the impugned order and, therefore, it should be quashed and the property be restored to them.

(3.) IN the result, the revision -petition is accepted, the order of learned Additional Sessions Judge, Bundi, dated September 29, 1967, is set aside and the property in question is directed to be returned to the petitioners from whose possession it had been recovered.