JUDGMENT - SHARAD MANOHAR, J.:---Under the circumstances which I will presently mention it has been necessary for me to transfer this revision application to the Session Court, Aurangabad. Hence I will state the facts which are relevant only for pointing out the circumstances which necessitates such an order.

2. The petitioner before me is the original complainant at whose instance the police filed charge-sheet against present respondent No. 1 (who will be referred to hereinafter as "the accused") for offence under section 406 of the I.P.C. for alleged commission of misappropriation in respect of a truck belonging allegedly to the complainant. In the proceedings that ensued the trial Court has passed an order of acquittal in favour of the accused and so far as the truck is concerned it is directed that the same should be returned to the accused.

3. So far as a part of the order which related to the return of the truck to the accused is concerned the present petitioner has filed an appeal to the Sessions Court. Even the State has filed an appeal against the same part of the order. Both the appeals are pending before the Session Court. So far as the order of acquittal of the accused

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