JUDGMENT 1. 1. The petitioner has filed this petition Under Section 482, Criminal Procedure Code against the order dated 19.8.1992 passed by learned Munsif and Judicial Magistrate, First Class, Doongargarh whereby an application of the petitioner claiming delivery of buffalo was dismissed and the buffalo was ordered to be handedover on `supardaginama' to non-petitioner - Naras Nath. 2. The non-petitioner Naras Nath filed a complaint in the Court of learned Munsif and Judicial Magistrate, Doongargarh and the same was forwarded to the Police Under Section 156(3), Criminal Procedure Code for investigation. 3. On receipt of this report, the Police registered a case under FIR No. 151 on 11.6.1992. After many efforts the buffalo could not be traced. In the complaint Naras Nath alleged that some 20 days before lodging the report he went to viilage Sadasar where his sister was married and on making enquiries there one Megh Nath informed that the type of buffalo described by Naras Nath was with Godhu Ram. Naras Nath then contacted Godhu Ram and the latter told that the buffalo was given to him by Heera Ram in dowry at the time of marriage of his son. Naras Nath then enquired about the buffalo from Heera Ram and the latter stated that he purchased it from the Punchayat in auction and made payment by receipts Nos. 52 & 92.It appears that the Police after investigation filed a negative report before the learned Magistrate. It may be noted that the learned Magistrate has not passed any order on the Final Report and it is, therefore, still pending. 4. Before the learned Magistrate rival claims were filed by Naras Nath, Godhu Ram and Heera Ram in respect of delivery of buffalo which was recovered from Godhu Ram by the Police. Learned Magistrate made an order of interim delivery of the buffalo in favour of theft cannot be deemed to be incorrect. Learned Magistrate has stated that as a result of interrogation from relevant persons the story that Heera Ram purchased the buffalo in auction from Panchayat was found incorrect. The receipts produced by him were also not issued by the Panchayat. Three witnesses were examined who all have stated that no buffalo was ever auctioned and no amount was credited in the Books of Account of the Panchayat and, no receipts in this respect were ever issued. The receipts produced by him were also not issued by the Panchayat. Three witnesses were examined who all have stated that no buffalo was ever auctioned and no amount was credited in the Books of Account of the Panchayat and, no receipts in this respect were ever issued. In these circumstances, learned Magistrate has not acted without jurisdiction or committed any impropriety in passing the order impugned.I, therefore, find no substance in this petition and it is hereby dismissed.Petition dismissed. *******