Jhumak Singh vs Tota Mahto and Others

Sultan Ahmed, J.—This is an application against an order passed by the District Magistrate of Monghyr, dated 28th April 1920, directing the first party to return certain crops to the second party of which they had taken delivery from the Police. The order, as it stands, cannot be supported under the law.

The learned Vakil appearing for the opposite party seeks to justify this order u/s 517 of the Criminal Procedure Code. Section 517 of the Criminal Procedure Code, however, is not applicable to a case where the property has already passed out of the custody of the Court. It is perfectly clear, on the order of the Magistrate himself, that the petitioner had taken delivery of the property from the Police. Whether the delivery of this property to the petitioner by the Police was right or wrong under the law, is not a matter which can in the least affect the question which I have to decide. The fact remains that the property had already been restored to the first party and neither the Court nor the Police had the custody of that property. That being so, Section 517 cannot apply, Section 517 does not contemplate double restoration. There was nothing in the custody of the Court which could be restored. Therefore, the order of the Magistrate directing the petitioner to return the crops to the second party of which the petitioner has taken delivery from the Police must be set aside.