(HAFIZ) HAFIZUDDIN Vs. CLABORDE

JUDGEMENT

(1.) This is a reference by the learned Sessions Judge of Meerut under Section 438, Criminal P.C., recommending that an order passed by a Sub-Divisional Magistrate under Section 144 of the Code directing Hafizuddin, applicant, to deliver the register and the goods of the Asiatic Petroleum Co., opposite party, that were in his possession, to the latter, be set aside and that the opposite party be ordered to hand back the register and the goods to the applicant.

(2.) The facts that led to the present reference are as follows: The applicant was for some time the agent of the Asiatic Petroleum Co., but his agency was terminated. Notwithstanding the termination of his agency, he refused to deliver back the register and goods of the company. The opposite party then filed an application, under Section 144, Criminal P.C., praying that the applicant be directed to deliver to the opposite party the register and goods in his possession. The learned Magistrate, after recording the statement of the opposite party's attorney, issued an order under Section 144 directing the applicant to deliver all the things belonging to the company that were in his possession to the attorney of the company. The applicant was also required to show cause, if he was dissatisfied with the order. The applicant challenged the order of the learned Magistrate on the ground that the order did not come within the purview of Section 144 and was, therefore, not warranted by law. His contention did not find favour with the learned Magistrate and, accordingly, he made his previous order absolute.

(3.) The applicant filed an application in revision against the order of the learned Magistrate in the Court of the Sessions Judge who, as already noted, has made the present reference.