Law:

Section:

Criminal Procedure Code (V of 1898)--- ----Ss. 550, 523, 51 & 561-A---Impounding/seizure of buffaloes---Application for quashing of order---Applicants, who claimed to be owners of buffaloes in dispute, had challenged orders, passed by Judicial Magistrate and Revisional Court, respectively, whereby an application of respondents for return of buffaloes, was allowed---Disputed buffaloes were taken from the grass field/grazing area of the applicants---Applicants, at the relevant time lawfully or unlawfully, were in custody, in control, or in possession of those buffaloes---Contention of respondents that applicants had stolen the buffaloes, or at least had purchased those from a thief, was far-stretched---Question was yet to be determined, as to whether the applicants had stolen the buffaloes, or purchased from a thief---Without making any comments regarding the ownership of those buffaloes, prima facie it appeared that impugned orders were based on the enquiry report of DSP, who himself based his report on certain evidence taken from the individual---Significant point that smacked mala fide, was that respondent, claimed that buffaloes were stolen ones and a half year before the date of their seizure; and during that period of one and half years, respondents did not bother to lodge single complaint before concerned authority regarding their buffaloes having been stolen---Report in that respect was lodged after one week of the date of incident of seizure and in the said FIR or even subsequently, the marks, caste, breed, race or linage of stolen buffaloes, were not shown or mentioned---Such questions, were crucial and would go to the root of the case; and required observation from the Trial Court, as well as from the revisional court before handing over buffaloes to the respondents---Nothing was in S.523, Cr.P.C., to authorize a Magistrate to decide as to which party was the rightful owner of the buffaloes---Enquiry should only be limited to the findings as to which party was entitled to the possession of the buffaloes---Impugned orders passed by the Judicial Magistrate or revisional court, were set aside, with direction to Judicial Magistrate to conduct inquiry…

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