CHARLINGAPPA SHARANAPPA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This petition under Sec.482 of the Crl.P.C. is directed against the order d/24-9-1977 passed by the Judicial Magistrate First Class, Chincholi, in CC.287/3/1977.

(2.) The pertinent facts may be narrated as follows: The three petitioners were accused in CC.287/3/1977 of an offence under Sec.379 of the IPC. They filed an application under Sec.451 CrlPC before the said Magistrate requesting that the property seized i.e., electric motor and the accessories, and produced before the Court in the said case, be handed over to their custody. Their request was granted by an order d/13-7-77. By 24-9-77 respondent-2 Saranappa claiming to be the owner of the said property and entitled to possession thereof, filed an application under Sec.451 CrlPC before the Magistrate, claiming that the possession of the said property be handed over to him as the same had been stolen from his possession. The learned Magistrate by his order now impugned has directed that arguments may be advanced on behalf of the petitioners and respondent-2 afresh "touching the right to have interim custody of the property seized", in view of the claim made by respondent-2.

(3.) Sri B. V. Deshpande, learned advocate appearing on behalf of the petitioners urged that by hearing afresh on the application made by respondent-2, the Magistrate would be exercising powers of review in regard in his earlier order passed on 13-7-1977 and such a power is not vested in the Magistrate and as such the direction made by the Magistrate should be quashed.