This criminal revision arises in rather peculiar circumstances disclosing unwarranted activities of the police and other a pathetic attitude of the Magistrate to say the least about that.

2. Before proceeding with the revision on merits it may be mentioned that by an order dated 14-5-1990 Additional Chief Judicial Magistrate seems to have had adopted a novel method of disposing of two petitions moved by Shyam Lal and Vijai Kumar claiming custody of tractor and trailer by directing that they may get their rights declared by civil court. The order did not find favour with this Court as both the parties had challenged the same in Misc. Application No. 5754 of 1990 and 8418 of 1990 and consequently by an order dated 20-8-1990, Honble G. P. Mathur, J. directed the Magistrate to record a clear finding and decide the applications. This time some how both the applications were considered by the Judicial Magistrate, Gyanpur and by the impugned order dated 20-6-1991, Supardgi has been directed in favour of Shyam Lal. Aggrieved by this order, Vijai Kumar has again approached this Court under Section 482, Cr. P. C.

3. The learned counsel for the parties have been heard at length