Order.- The order dated 6th January, 1978 passed by the Judicial Magistrate, First Class, Kushtagi, in Private Complaint No. 23 of 1977, rejecting the application filed by the petitioner for custody of the bullocks seized and directing that the same be handed over to the respondent, is challenged. 2. The few facts necessary may be narrated as follows: 3. The respondent filed a complaint before the Magistrate alleging theft of the said bullocks. Along with the complaint, he filed an application under section 93 of the Code of Criminal Procedure for search and seizure of the bullocks. The learned Magistrate ordered investigation under section 156(3) of the Code and at the same time allowed the application filed under section 93 of the Code. In view of the order passed by the learned Magistrate under section 93, Criminal Procedure Code, the police seized the bullocks from the custody of the petitioner and produced them before the Magistrate. At that stage, applications under section 451 of the Criminal Procedure Code were filed and the learned Magistrate has passed the impugned order holding that the petitioner is entitled to possession of the bullocks. 4. As there was no enquiry or trial pending before the learned Magistrate, section 451 of the Code of Criminal Procedure would not apply. If at all, section 457, Criminal Procedure Code might have been taken into consideration. But the same also would not be applicable because, the seizure is not one made by the police in exercise of their power during investigation or otherwise, but is one made because of the order passed by the Magistrate. Therefore, that section also does not come into play. 5. In view of the aforementioned circumstances, the learned Magistrate had only two courses open before him. One was, to consider whether cognizance of the offence alleged was to be taken or not. If he found that cognizance of offence ought to be taken, then dispose of the application for custody under section 451 of the Criminal Procedure Code. The other course open was, to pass an order handing over custody of the bullocks to the person from whose possession they were seized, on conditions deemed just and appropriate by him. 6. If he found that cognizance of offence ought to be taken, then dispose of the application for custody under section 451 of the Criminal Procedure Code. The other course open was, to pass an order handing over custody of the bullocks to the person from whose possession they were seized, on conditions deemed just and appropriate by him. 6. In view of the foregoing reasons, this petition is allowed and the order, dated 6th January, 1978 passed by the Judicial Magistrate, First Class, Kushtagi, in Private Complaint No. 23 of 1977, is set aside.