Modi, J.—This is a revision by the petitioner Biraddan against an order of the Sessions Judge, Balotra by which he dismissed the appeal of the petitioner against an order of the First Glass Magistrate, Sanchore, rejecting an application for restoration of certain attached property under secs. 87 to 89 of the Code of Criminal Procedure.

2. The material facts may be briefly stated as follows. The petitioner was wanted in connection with a case under secs. 302, 379, 148 and 149, I.P.C. which was pending in the court of the First Glass Magistrate, Sanchore. It was reported to the Magistrate that the petitioner was absconding. Thereupon a proclamation under sec. 87, Cr.P.C. was drawn up and issued against him on the 27th January, 1954. By this proclamation, the accused was directed to present himself in the Magistrates court "within 30 days of the date of the proclamation." The Magistrate also issued a warrant of attachment under sec. 88, Cr.P.C. on the same date and in pursuance thereof, certain cattle of the petitioner was attached. This cattle was claimed by the petitioners son to be his own and the petitioner also seems to say so but the point whether it belongs to the petitioner or

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