N.N.Sharma - (1.) THIS revision is directed against the order dated 6-6-1985 passed by Sri J. S. P. Singh, learned lVth Additional Sessions Judge of Mathura, who reversed the order of Sri S. A. Samdhani, Judicial Magistrate II, Mathura, dated 22-10-1984 recorded under section 451 of the Code ot Criminal Procedure.
(2.) IT appears that opposite party no. 2 Mohan Lal lodged FIR at Police Station Nau heel on 12-11-1983 at 3.10 P. M. in the night in between 31st October and 1st November, 1983, that his Buggi (cart) and he buffalo were stolen. One Ranvir was nominated in that report. It was on 24-8-1984 that the Buggi and he buffalo in dispute were recovered from the possession of Amar Singh revisionist and given in custody of Mohan Lal. Amar Singh revisionist applied on 16-10-'984 for release of the said property. Learned Magistrate ordered the release of the property in favour of revisionist on 22-10-1984. It appears from the perusal of the order that at that time Mohan Lal was not heard by learned Magistrate, who was dissatisfied with the conduct of the police.
(3.) AGGRIEVED by that order Mohan Lal preferred criminal revision no. 44 of 1985, which was allowed by the impugned order on 6-6-1985. It appears that on 14-12-1984 a charge sheet had also been submitted by the Police against the revisionist under sections 379/4.1 of Indian Penal Code.;