T. U. Mehta, J.—This revision application is filed against the Order passed by the learned Special Judge, District Sirmur at Nahan in Cr. M. P. No. 18-N/4 of 1977 on 7-12-1977 with regard to the disposal of the case property under section 457, Cr. P. C The case of the prosecution is that the present petitioner, who is accused of the offences under section 379/42/467/ 468/ 120 B, I. P. C, read with section 5 (2) of the Prevention of Corruption Act, has felled some trees belonging to the Government and, therefore, certain pieces of timber which the petitioner has obtained from these felled trees are stolen property. It is found that the police, during the investigation, has seized this property, and thereafter on 9-11-1977, the Deputy Superintendent of Police, C.

1. D. (Crime), Himachal Pradesh, Simla made an application to the learned Special Judge for auction of this property as contemplated by section 457 of the Code of Criminal Procedure. The respondent in reply to this petition submitted that he had filed a civil suit in the High Court in respect of this timber, which is treated by the prosecution as case property, and that he should be given an opportunity to establish