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1977 Supreme(Kar) 111

RANGE GOWDA
BASAPPA DURGAPPA KURUBAR – Appellant
Versus
STATE OF KARNATAKA – Respondent


Advocates:
B.V.DESHPANDE, C.M.Desai, T.J.CHOUTA

( 1 ) THIS petition raises a short but important question namely whether an order made under S. 451 Crpc 1973, by a Criminal Court without notice to or hearing the party adversely affected can be reviewed, and it arises in the following circumstances: On the complaint of the 2nd respondent hanumantha Gowda a charge-sheet for the offences under Ss. 379 and 411, r/w 34 of the IPC was ultimately filed against the petitioners on 20-10-1976 in CC. 29711976 in the Court of the Judicial Magistrate, First Class, Laxmeswar, inter alia, alleging that on 21-9-1976 the petitioners committed theft of 4 she-buffaloes belonging to the 2nd respondent Hanumantha gowda. It appears that the 4 she-buffaloes were seized and given to the custody of the police-patil during investigation. Then on 21-10-1976, the 2nd respondent's Advocate filed an application under S. 451 Crpc in the said Court for the custody of the 4 she-buffaloes. The learned Magistrate on the same day without notice to or hearing any of the petitioners made an order directing the 4 she-buffaloes to be given to the custody of the 2nd respondent till the conclusion of the trial en his execution a bond in a sum of Rs. 3000. It appears, ti




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