1. This revision is directed against the order dt. 23-8-1985 passed by the Metropolitan Magistrate, IV Court, Bangalore City, Whereby he has while rejecting the application made by the petitioner has allowed the application made by the respondent M/s. Sangeetha Auto Finances and directed to entrust interim custody of the vehicle in question to him on his executing solvent surety binding himself to produce the vehicle before the Court as and when directed to do so and to keep the vehicle in good road - worthy condition, pending disposal of the criminal case.

2. The order is one purporting to have been made under S.457, Cr.P.C. in relation to the Lorry bearing No. MED 5447 of which the petitioner Mr. Syed Hafeezulla Pasha son of Pacha Saheb is admittedly the registered owner, as provided under the Motor Vehicles Act. On the complaint of one Syed Ismail, said to be the driver of the vehicle, working under the petitioner, that on 21-12-1984 when the lorry was parked near Bharath Talkies, it had been stolen away by some three unknown persons, the Police of Kalasipalyam Police Station registered a case in Crime No. 872/84 and took up investigation. During investigation, on 22-12-84, when