CHHANGANI, J.—This is a reference by the Sessions Judge, Bharatpur, recommending that the order of Munsiff-Magistrate, Bharatpur, dated the 31st Jan., 1963, for recording evidence before passing order as to the disposal of the stolen property consisting of a pair of oxen, be set aside and that the Munsiff Magistrate be directed to return the pair of oxen to the petitioner Mohan Singh.

2. The facts which have given rise to this reference may be briefly stated as follows—The opposite party Samla lodged first information report with the Police Station, Sewar, on 29th of May, 1962, accusing the petitioner Mohansingh of an offence of theft in respect of a pair of oxen. A case against the petitioner for an offence under sec. 380, Indian Penal Code, was registered by the police and investigation was commenced. After the completion of the investigation the police submitted a final report in the case on 1st November, 1962 saying that no offence was committed by the accused. On 3rd November, 1962 the petitioner Mohan Singh submitted an application before the Munsiff-Magistrate praying for the return of the pair of oxen to him on the ground that the pair of oxen was taken from his possession.

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