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Judgment
5 paragraphs · 214 wordsG.S. Sarraf, J.—This criminal misc. petition u/s 482 Cr.P.C. is, directed against the order dated 25.4.2008 passed by Judicial Magistrate Ist Class, Chhipabarod, district Baran whereby the application filed by the petitioner u/s 457 Cr.P.C. for releasing the motor cycle bearing registration number RJ 20 SE 6496 has been rejected.
Heard learned Counsel for the petitioner and learned P.P.
Orders which decide substantially the rights of the parties, may be temporarily, have no character of interlocutory orders as an element of finality stands attached to them. An order giving on supurdgi any property under Sections 451, 457 Cr.P.C. remains in force during pendency of the proceedings before the Court. That means that it is an order substantially affecting right to possess the property during the pendency of the trial of the case. The element of finality therefore, stands attached to such orders and, therefore, such orders are revisable u/s 397 Cr.P.C. I am supported by the judgment of a coordinate bench of this Court reported in Mahadev Vs. State of Rajasthan and Another,
In view of the above discussion, I am of the opinion that the impugned order passed u/s 457 Cr.P.C. is revisable and, therefore, this petition u/s 482 Cr.P.C is not maintainable.
Consequently, the misc. petition is dismissed.