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1952 Supreme(All) 196

BRIJ MOHAN LALL
Bishambhar Rai – Appellant
Versus
State through Mohan – Respondent


Advocates:
B.D. Pande, for Applicant; S.N. Kacker, for Opposite Party.

ORDER :- This is an application in revision by one Bishambhar Rai. He purchased two camels from one Mohan for Rs.800/-. Mohan gave delivery of the said camels to Bishambhar Rai. There was some dispute about the payment of price. Mohan went to Bishambhar Rais place during his absence and brought back the camels. He sent them to some other place obviously under the impression that Bishambhar Rai would not find clue to the said camels and would thus be prevented from creating any difficulty. Sometime later the camels disappeared. Mohan filed a complaint under S.379, I.P.C. against Bishambhar Rai alleging that he had stolen the camels from the place to which they had been sent. The camels were recovered roaming about in a certain village. In other words, they were not recovered from Bishambhar Rais custody. The criminal complaint filed by Mohan resulted in Bishambhar Rais discharge. At the time of passing the order of discharge, the learned Magistrate passed an order directing the delivery of camels to Mohan. Against this order Bishambhar Rai preferred an appeal which was dismissed by the learned Sessions Judge. He has now come up in revision.

2. It may be stated at this stage that Moha





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