CHIRANJI LAL & ORS. Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This revision petition has been filed against the order dated 3-3-1987 passed by Addl. Sessions Judge, Sikar whereby he set aside the order of Munsif & Judicial Magistrate, Fatehpur, Distt. Sikar and ordered to release the property in favour of non-petitioner No. 2 (Shri Agarwal Digamber Jain Bada Mandir).

(2.) Learned counsel for the petitioners that when the property recovered from the possession of the petitioners, has not been held to be stolen property then in that situation the property has been recovered at the instance and from the possession of the petitioners this property ought to have been given to the petitioners and not to the non-petitioner No 2. I am of the opinion that the submissions made by the learned counsel for the petitioners have some force because in the case of Chiranjilal and others Vs. State of Rajasthan (1978 RCC page 145) this Court has observed that the property (in question) was not a stolen property and the petitioners were not a receiver of the said property.

(3.) Under these circumstances the property recovered in this case ought to have been delivered to the petitioners and not to non-petitioner No. 2. This petition is, therefore, allowed and the order dated 3-3-1987 of the Additional Sessions Judge, Sikar is set aside and the order dated 5-1-1981 of the Munsif and Judicial Magistrate, Fatehpur, Distt. Sikar is maintained.