An order under S.451 of the Code is interlocutory and not competent for revision.

1. Revision petitioner is the complainant in C. C. 249 of 1982 on the file of the Chief Judicial Magistrate, Palghat. The complaint alleged offences under S.406,420,189.193,209 and 211 IPC. against the first respondent herein and another person with reference to a tractor of which the registration certificate stands in the name of the first respondent. The case of the complainant was that he purchased the tractor from the first respondent. Subsequent to the complaint, a search warrant was issued and the tractor was searched and produced before the court. The revision petitioner as well as the first respondent filed claim petitions under S.451 of the Code of Criminal Procedure. The learned Magistrate directed the tractor to be released to the custody of the complainant revision petitioner on execution of bond and subject to certain conditions. This order was challenged by the first respondent before the Sessions Court, Palghat in R. P. No. 42 of 1982. The learned Sessions Judge set aside the order and directed the return of the tractor to the first respondent on bond. It is this order which is challenged in the present revision petition.

2. Learned counsel for the revision petitioner contends that the order of the learned Magistrate being one under S.451 of the Code is an interlocutory order which could not be challenged in revision is the light of S.397(2) of the Code. Learned counsel placed reliance on the decisions in Pathu v. State of Kerala and others (1975 KLT 696), Nathu Lal v. State (1976 Crl.LJ. 358) and S.S. Khanderai v. State of Maharashtra (1979 Crl.L.J.1457). Learned counsel for the first respondent has placed reliance on a decision of the Gauhati High Court noted in 1980 Crl.L.J. N.O.C. 6.

3. In Pathu's case this court had to deal with the question whether a revision lies against an order of disposal under S.451 of the Code at the instance of a stranger. In such a case, the order under S.451 of the Code assumes characteristics of a final order and therefore it could not be treated as an interlocutory order and revision will lie. In the course of the discussion, this court observed that if the order passed is on a petition under S.451 of the Code moved by a party to the proceeding it will have to be treated as an interlocutory order and the same could not be challenged in revision.

4. In S. S. Khanderai's case, the court passed an order under S.451 of the Code and then modified it by a different order which was challenged in revision before the Court of Session and the revisional court interfered with the order. The High Court was moved to interfere with this order under S.482 of the Code. The court held that it was not a fit case for interference under S.482 of the Code. The Division Bench of the Bombay High Court considered the decisions of several courts in regard to the distinction between an interlocutory order and a final order. In the case of a final order, the Magistrate would not have jurisdiction to modify it or pass any further order while in the case of an interlocutory order, be could pass subsequent orders. It was stated that after a court passes an order of disposal under S.451, it cannot be said to be devoid of jurisdiction or power to modify that order and pass a fresh disposal order to meet any exigencies of situations or otherwise. In this view the Bombay High Court held that the Magistrate had power to modify the order once passed under S.451 of the Code.

5. In Nathu Lal's case, a revision was filed challenging an order passed by the criminal court under S.451 of the Code. On the construction of the expression 'interlocutory order' the Allahabad High Court held that an order under S.451 of the Code does not decide the right of any person or terminate any proceeding and being an order passed during the pendency of the proceeding for the purpose of preservation and protection of the property till the final determination of proceedings, the order can be treated only as an interlocutory orde