1. - This is a petition under Section 482 Cr. P.C. against the order dated 15.7.1996 passed by Judicial Magistrate-1st Class, Hindoli Distt. Bundi by which he rejected the application of the petitioner moved Under Sections 451 and 457 Cr. P.C.

2. I have heard the learned Counsel for the petitioner and learned PP as well as learned Counsel for the respondent No. 2.

3. In brief, Mangilal reported to police station Hindoli that he took loan from Bank of Baroda, Bundi in order to purchase a tractor-HMT bearing RJG-7773 along with trolley. The tractor and trolley were in possession of Mangilal and were standing in his house. According to the FIR, petitioner took away the tractor and trolley. At that time, he was not in his house and had gone to his field. When he returned, it was Nanda who told him that his tractor and trolley were taken away by the petitioner. He lodged the report on 24.5.96 while the incident had taken place on 23.5.1996. A case Under Section 379 Indian Penal Code was registered and during the investigation the said tractor and trolley were seized from the petitioner. The petitioner was arrested and was in custody. During the period, Mangilal submitted an appli