JUDGMENT

R P. Shukla, J. - This is an application under Section 482, Criminal Procedure Code moved by one Hasnain, praying that the order, dated 15-1-1982, passed by the Magistrate and that of the Seventh Additional District and Sessions Judge, Deoria, dated 11-6-1982. (Annexure "1" and "2" to the petition) be quashed and praying further that the two disputed bullocks be released in his favour.

2. The relevant facts of the case are that Smt. Nairunnissa, wife of Abid Ali, filed an execution application on 21.2.1979 for the enforcement of the order passed under Section 125, Criminal Procedure Code, against her husband, Abid Ali. The Magistrate acting under Section 125 (3), Criminal Procedure Code passed an order of attachment of the property of Abid Ali and the police in compliance of the said order attached a she-buffalo and two bullocks.

3. The present applicant moved an application before the Magistrate claiming the she-buffalo and the bullocks as his own and prayed for their release in his favour. The Magistrate directed an inquiry on this application and asked the parties to adduce their evidence. The parties adduced their evidence on affidavits of witnesses and filed documents