( 1 ) THIS revision has been preferred against the revisional order dated 13. 4. 1988 passed by the V. Addi. Sessions Judge, Fatehpur Setting aside the order dated 19-11-1987 of the CJ. M. Fatehpur regarding the release of a Tractor.

( 2 ) THE relevant facts necessary for the decision of this revision may be narrated that the Tractor No. V. R. S. 1887 was seized by the Police of P. S. Dhata, District Fatehpur. Sri Prem Narain Singh, the present revisionist (Hereinafter referred as the revisionist) moved to the Magistrate Khaga for the release of the Tractor. He moved an application before the C. J. M. for transfer of the case from that Court. The C. J. M. withdrew that case to his own Court vide order dated 6th November, 1987. On 19-11-1987 he ordered the release of the Tractor in favour of the revisionist. Sri Ramraj Singh the present opposite party preferred a revision against that order. One of the contentions raised before the learned Add!. Sessions Judge was that the case had not been made over to the Munsifmagistrate Khaga, by the Chief Judicial Magistrate and as such he had no power to with draw the case and the order passed by the Munsiff Magistrate was with