Y.R.MEENA, J. - (1.) THIS miscellaneous petition under Section 482, Cr.P.C. is directed against the order of learned Munsif and Judicial Magistrate, Pokaran dated 14.6.84.
(2.) THE main grievance of the petitioner is that learned Munsif and Judicial Magistrate has wrongly ordered for the auction of eight bullocks of the petitioner.
(3.) THE brief facts of the case are that on 29.3.82 at 6.00 p.m. the Incharge of Police Out -Post Lathi had received information from one informer that in the east, 5/6 miles from village Bhadariya two persons alongwith eight bullocks were going towards village Tawarki. Upon this information, the Head Constable followed these persons and on 30.3.82 one Shri Noor Khan S/o Tamachia Khan (father of the petitioner Kutubuddin) was arrested alongwith eight bullocks. A complaint was lodged to the Munsif and Judicial Magistrate, Pokaran by the SHO, Pokaran. It has been alleged in the complaint that the father of petitioner Shri Noor Khan has not given any satisfactory explanation regarding the ownership of these, bullocks, therefore, it was doubted that these bullocks might have been stolen. They were seized by the police and later on handed over to kutubuddin on 'Supardginama'. On investigation by the police it is found that the eight bullokcs are the property of petitioner Kutubuddin. Thereafter, on 20.12.84 an application was submitted to the Munsif Magistrate, Pokaran stating therein that on investigation it is found that Kutubuddin is the real owner of these eight bullocks and on similar facts in case of Hameer Singh and Ramzan, some bullocks were handed over to them, therefore, the eight bullocks should be handed over to petitioner Kutubuddin as he is the real owner of the bullocks. The Magistrate did not accept the ownership of Kutubuddin and ordered for the auction of the bullocks. The order of acution was passed on 14.6.84. That order of Magistrate was stayed by the High Court.;