VINOD SHANKER DAVE, J. - (1.) THIS revision petition is directed against the order passed by the learned Sessions Judge, Sikar dated 22nd March, 1984, whereby he dismissed the revision petition filed by Shri Anand Singh and upheld the order of learned Judicial Magistrate, Data Ramgarh, dated 19 -9 -1983 in a matter regarding disposal of property under Section 457 Cr.PC.
(2.) THE whole controversey centres round the application under Section 457 read with Section 451 Cr.PC dated 12 -8 -1983. An application on this very subject matter had been dismissed on 30 -5 -1983. When this later application was filed the learned counsel for non -petitioner wrote on the back of the application that he has no objection if the property is handed over to petitioner on a supardginama and the learned Magistrate on 19 -8 -1983 ordered the delivery of property to petitioner. On 24 -8 -1983 the non -petitioner moved an application that order dated 19 -8 -1983 be cancelled. On this application the learned Magistrate after hearing parties restored his order dated 30 -5 -1983 vide order dated 19 -9 -1983. The learned Magistrate held that counsel for non -petitioner acted contrary to interest of his own client. This order was challenged in revision but without any success and, therefore, this application under Section 482 Cr.PC has been filed.
(3.) IT is contended in his petition that findings of the courts below that lawyer showed his negligence and contrary to the interest of his client are not based on any evidence and there was no illegality in the order dated 12 -8 -1983.;