ARUNACHALA THEVAN Vs. VELLACHAMI THEVAN

JUDGEMENT

(1.) This is an application by the complainant in C.C. No. 422 of 1920 on the file of the Second Class Magistrate of Tirumangalam, to have an order passed by the Sub-Divisional Magistrate of Usilampatti, who heard the appeal against the conviction in that Calendar Case, regarding the disposal of two bulls which formed the subject matter of the complaint, set aside.

(2.) The complainant's case was that the bulls were entrusted to the accused, and that he committed breach of trust in respect of them. The accused was convicted in the first Court, and the bulls were ordered by that Magistrate to be handed over to the complainant under Section 517, Criminal Procedure Code. On appeal the conviction was reversed by the Sub- Divisional Magistrate, but apparently forgot to pass any orders regarding the bulls at the time. A month afterwards on a petition filed by one Vellachami Thevan, the person from whom the bulls were seized, he passed an order directing that the two bulls should be handed over to him, and this order he passed without any notice to the complainant. It is this order that the complainant asks this Court to revise.

(3.) Several points are taken before me in revision. It is first argued that the Sub-Divisional Magistrate had no jurisdiction whatever under Section 520, Criminal Procedure Code, to pass the order that he did pass. It seems to me that this depends on the question whether the petition filed a month after the disposal of the Appeal could be considered as part of the proceedings in the Appeal itself or a new proceeding altogether. If it is to be treated as a new proceeding, I must follow the ruling of this Court in Jogi Venkiah V/s. Station House Officer of Narsapur (1922) 42 MLJ 401 : 15 LW 534 which says that the District Magistrate alone can pass orders on an application under Section 520, when such an application is made to itself. But I have no doubt that that ruling will not apply, where, on hearing an appeal against a conviction the Sub-Divisional Magistrate is asked to set aside an order under Section 517. It seems to me that he can, treating it as part of the proceedings in the appeal itself, make an order under Section 520, for the disposal of the property concerned in the case.