THAKKAR MAHENDRAPRASAD BAPALAL Vs. STATE OF GUJARAT
HIGH COURT OF GUJARAT
THAKKAR MAHENDRAPRASAD BAPALAL
STATE OF GUJARAT
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(1.) This Revision Application challenges the order passed by the learned J.M.F.C Borsad in Inquiry case No. 133 of 1983 pending under Section 156 (3) of the Cri. P.C. During the pendency of this inquiry the learned Magistrate has passed the impugned order under Section 451 for custody and disposal of the muddamal trucks in favour of the complainant opponent No. 2 herein who is the registered owner of the muddamal trucks.
(2.) The petitioners contended that the trucks were taken from their custody and possession and their possession was lawful and the opponent No. 2 the registered owner had on dissolution of the partnership lawfully transferred the possession and custody to them and therefore the learned Magistrate was not justified in directing the disposal of the property in favour of the complainant merely on the ground that he was the registered owner of the trucks.
(3.) The learned counsel for the opponent No. 2 original complainant has raised a preliminary objection against the maintainability of this Revision Application on the ground that an order under Section 451 Cri. P.C. is not a proper order because it is an order for proper custody of the property pending conclusion of the inquiry or trial and since it is not a final order it is inter-locutory order and therefore under Section 397 Cri. P.C. the powers of revision cannot be exercised in relation to such interoluctory order passed in inquiry.;
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