JUDGMENT - B.N. SRIKRISHNA, J.:---By this writ petition invoking the powers of this Court under Article 227 of the Constitution of India and its inherent powers saved under section 482 of the Code of Criminal Procedure, 1973, the petitioner has challenged an order of the Additional Sessions Judge, Greater Bombay, by which he reversed the order of the Metropolitan Magistrate, 18th Court, Girgaum, Bombay, directing that two motor cycles and one jeep, which are the subject matters of the present petition, be handed over to the petitioner on his executing a Bond in the sum of Rs. 1,50,000/- on usual terms.

2. The petitioner is the original complainant in C.R. No. 597 of 1985 which was registered with Dadasaheb Bhadkamkar Marg Police Station under section 406 of the Indian Penal Code. Though the petitioner prayed for setting aside the whole order of the learned Additional Sessions Judge, Greater Bombay, Pertaining to the custody of one Honda motor cycle, one Yamaha motor cycle and one jeep, the learned Counsel for the petitioner. Mr. Chari stated at the bar that he would not be pressing the claims in respect of the two motor vehicles. I shall, therefore, consider the correctness of the

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