B. L Yadav, J.

1. By present revision under section 397/401 of the Code of Criminal Procedure, 1973 (for short the Code) order dated 24-2-87 passed by IIIrd Additional Sessions Judge Ballia allowing the revision and setting aside the order dated 6-9-86 passed by the Magistrate, is sought to be quashed.

2. The facts of the case in brief are these. The opposite party no. 2 has lodged a report at the police station Kotwali Ballia that the husband of the present applicant has taken possession of the vehicle (No. B.R.A. 9448), by playing mischief with him and the same be delivered to him. On this report the police Kotwali obtained the possession of the said vehicle from applicant, but kept it at the police station. The applicant as a vendee also claimed the said vehicle. The said report was sent to the Superintendent of Police. A complaint was filed by the opposite party no. 2 on 29-7-85 against the applicant and the same is still pending.

On 29-11-85 the applicant moved an application before the Magistrate to obtain the possession of the said vehicle, and notice was given to the opposite party no. 2 who appeared and himself claimed the possession. The Magistrate by order dated