PATIL, J. ( 1 ) THIS revision petition coming before the Court for admission is taken up for final-hearing at the request of the counsel appearing on both sides. ( 2 ) THE revision is directed against the order of interim custody passed by the sessions Judge in reversion of the order passed by the Magistrate. it relates to 1 00 chairs said to have been seized by the police during investigation of the case. ( 3 ) THE petitioner who is the complainant and on whose complaint the police have sent charge sheet on the respondent, made application for interim custody as provided under Section 451 and/or 457. While the Magistrate directed to entrust the interim custody of chairs to the petitioner on the ground that as claimed by him they belongs to him and they had been removed by committing theft ; the session Judge on revision reversed that order on a different reason. ( 4 ) HAVING regard to the nature of the property which is said to be the subject matter of theft ae alleged by the prosecution, there was hardly any necessity for the Courts below to make any such order of interim custody. The order of interim custody would arise in cases where it is not possible for the Court to retain the property either because such retainment would be more expensive or because it is not desirable to keep the property like machinery idle, resulting in waste. The chairs are not such property. it cannot be said that they cannot also be retained in the court. Therefore, in cases where such properties are required to be produced before the court fot identification, they need not be returned. So both the Courts below were not justified in making the order regarding interim custody. The expression 'expedient' should not be understood as applicable to all cases. It is only in cases where the retention of the property in Court would be more expensive, that some order regarding interim custody should be passed, if some perron comes forward to take the custody of that property pending enquiry or trial. in exercise of the power under Section 482 Cr. P. C. the orders passed by the Courts below are set aside. The applications shall stand rejected. The petitioner shall produce the chairs in court. On his so producing the same the indemnity bond shall stand-cancelled.
in exercise of the power under Section 482 Cr. P. C. the orders passed by the Courts below are set aside. The applications shall stand rejected. The petitioner shall produce the chairs in court. On his so producing the same the indemnity bond shall stand-cancelled. The Magistrate shall dispose of the case as expeditiously as possible. Petition disposed of with directions. --- *** --- .