J. P. CHATURVEDI, J.

( 1 ) THESE are three connected cases. Criminal Revision No. 1253 of 1977 is by Ajai Singh against an order of the learned III Additional Sessions Judge, Agra, dated 24th August 1977 setting aside the order of the Magistrate dated 2nd August 1977 releasing truck No. U. P. U. 2645. Misc. Case No. 3861 of 1976 is an application by Ram Naresih Singh Under Section 482, Criminal P. C. while Misc. Case No. 1169 of 1977 is an application by Abdul Razzaq Under Sections 482 and 483, Cr. PC In these three cases a common question of law arose and, therefore, they were referred to us.

( 2 ) THE facts concerning Criminal Revision No. 1253 of 1977 are that truck No. U. P. U. 2645 was seized by Hari Parwat police during investigation of a murder case, Ajai Singh applicant moved an application for release of the truck. This application was allowed by the Magistrate and the truck was released in favour of the applicant on his furnishing two sureties each of an amount of Rs. 10,000/- with a personal bond in the like amount. Nathi Lai opposite party filed a criminal revision in the Court of the Sessions Judge, Agra. The revision was heard and decided by the learned III Additional

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