IBRAHIM RAHMATULLAH Vs. EMPEROR

JUDGEMENT

(1.) THIS is an application for revision of an order passed by the Sessions Judge of Raipur under Section 520, Criminal P.C., regarding the disposal of 502 logs of wood seized from the applicant Ibrahim. The first objection taken to the order is that the order having been passed by the Sessions Judge on appeal at a time when an appeal was barred by time, the Sessions Judge had no jurisdiction to make the order. These proceedings are an after-math of a criminal prosecution for conspiracy in which the applicant Ibrahim was convicted. The prosecution alleged that the applicant Ibrahim and others entered into a conspiracy either to steal logs of wood from the zamindari forest of Bindra Navagarh under the Court of Wards or to cheat the Court of Wards in respect of wood extracted from the forest. The first Court convicted the applicant Ibrahim and others on 1-6-1943. On the same date the learned trial Judge made an order under Section 517, Criminal P.C., directing that all wood seized from the zamindari forest be handed over to the Court of Wards while that seized outside the forest be returned to the accused.

(2.) THE applicant Ibrahim and the others, who were convicted, filed an appeal to the appellate Court and it was dismissed on 30-11.1943. Against this a revision was filed here and I dismissed the revision on 29-8-1944. When the appeal was filed no objection was taken by either side to the order under Section 517, nor did the appellate Court deal with this matter when it decided the appeal. Similarly the matter was not touched by me in revision. On 23-4-1945 the Court of Wards made the application out of which the present proceedings arise. It applied to the Sessions Judge under Section 520, Criminal P.C., for annulment of the order dated 1-6-1943 in so far as it related to the wood outside the zamindari forest and asked that that wood be made over to the Court of Wards. The application was granted on 22-8-1945 and it is this order which is now under revision.