Section 451 of the Code of Criminal Procedure applies only when an enquiry or trial is pending in the Court, while Section 457 applies to a case where no enquiry or trial is pending.

( 1 ) THESE two connected cases raise common questions, hence, can be disposed of by means of a single judgment.

( 2 ) THE dispute in the present case is with regard to Truck No. U. T. V. 786. This truck originally belonged to Mohd. Moesa who sold it to Govind Das and Raghundan Singh on October 1, 1982. On the application of these persons, their names were entered in the office of the Regional Transport Officer and registration papers were issued in their favour. Raghundan Singh transferred his share of the vehicle to Govind Das. As a consequence of this transfer, the name of Govind Das alone was registered in the office of the Regional Transport Officer. Subsequently, a dispute arose between Dhan Singh and Daulat Ram on the one hand, and Dr. R. K. Jaiswal, on the other hand. What happened actually was that a first information report was lodged by Dr. R. K. Jaiswal, under Sections 406/420 Indian Penal Code against Dhan Singh and Daulat Ram. It was alleged by Dr. R. K. Jaiswal that be bad purchased the vehicle from Govind Das and for that purpose, had also obtained his affidavit. But subsequently, possession bad been unlawfully passed on to Daulat Ram and Dhan Singh. The vehicle was taken custody of by the police.

( 3 ) UPON the custody being given to the police, Dr. R. K. Jaiswal applied under Section 451 of the Code of Criminal Procedure for custody of the truck. A similar prayer was made by Dhan Singh and Daulat Ram. Dhan Singh and Daulat Ram alleged that they had purchased the truck and by virtue of that purchase, their names were entered as owners in the office of the Regional Transport Officer and registration papers were issued to them. The case of Dr. R. K. Jaiswal, as stated, was that he had purchased the truck from Govind Das who issued a sale letter on 19. 1. 1983. Govind Das had also sworn an affidavit before the Notary on the same date and had promised that after the payment of the taxes, and obtaining the certificate of fit ness of the truck, be would issue the transfer letter in favour of Dr. RK. Jaiswal. Dr. R. K. Jaiswal alleged that on 1. 9. 83 Govind Das had signed a letter meant for the above purpose for being sent to the office of the Regional Transport Officer to get the name of Dr. R. K. Jaiswal registered but it was later on gathered that Daulat Ram, the brother of Govind Das, and Dhan Singh, father of Govind Das, bad started laying their claim in collusion with Govind Das.

( 4 ) THE Chief Judicial Magistrate, instead of releasing the track in favour of either of the two parties, directed it to be kept in the custody of the police of P. S. Nawabad, Jhansi by directing that the same would be given to the party which ultimately gets an order for the said purpose from a competent civil court. This led to the filing of the two revisions; one by Dr. R. K. Jaiswal and the other by Daulat Ram and Dhan Singh.

( 5 ) THE learned Sessions Judge set aside the order of the Chief Judicial Magistrate and directed the possession of the truck to be given to Dhan Singh and Daulat Ram. He held that the truck, if so directed to be kept in the police custody, was likely to get deteriorated and that would not be in the interest of either of the two parties. The learned Sessions Judge further found that as out of the two parties, mentioned above, Dhan Singh and Daulat Ram had a better right, they were entitled to get the truck under Section 451 of the Code of Criminal Procedure.

( 6 ) AGGRIEVED by this order, the present revision had been filed by Dr. R. K. Jaiswal. As he entertained a doubt about the maintainability of the revision, he filed the connected Criminal Miscellaneous Application under Section 482 of the Code of Criminal Procedure, for quashing of the judgment and order of the Sessions Judge.

( 7 ) THE first thing which may be considered is the provision to be applicable for making an order for delivery of possession. The Sessions Judge had made the impunged order under Section 451 of the Code of C