GADGIL J.-The applicant has filed this application under section 482 of the Code of Criminal Procedure challenging the order of the Judicial Magistrate First Class, Akot, in Criminal Case No. 247 of 1977 whereunder the Magistrate has directed that the custody of the she-buffalo in question should be given to the complainant (Lilabai) in that case on her executing the requisite bond that the complainant would produce the she-buffalo whenever directed by the Court.

2. In order to understand the alleged grievance of the applicant, it will be necessary to state a few facts. On 13-12-1976 Baburao, acting on behalf of his mother Lilabai (present respondent No.2), filed a report with the police alleging that Ramrao Sampatrao Gawande has committed theft of the she-buffalo belonging to lilabai. On the basis of that complaint the police started investigation. The she-buffalo in question was seized from the possession of the present applicant Shamrao. The question arose before the Magistrate as to whom the custody of the, she-buffalo should be given. Shamrao filed an application on 18-12-1976 praying that the custody of the she-buffalo be given to him. He contended in that applicatio