JUDGMENT 1. - Heard learned counsel for the parties. This revision petition is directed against the order dated 19.5.1994 passed by the learned Addl. Sessions Judge, Bali in Cr. Appeal No. 14/94 whereby the learned Judge allowed the appeal and set aside the order of Munsif and Judicial Magistrate, Sumerpur passed in C.R. No. 58/94 on 24.3.1994. The learned trial Judge passed the impugned order under section 457 Cr.P.C. on an application submitted by the non-petitioner No. 2 Ratanaram rejecting the application dated 22.3.1994 submitted by accused Ratanaram for delivery of licence of 12 bore gun. Against that order Ratanaram filed an appeal which was allowed by the learned Addl. Sessions Judge, Bali. It was submitted on behalf of the non-petitioner No. 2 that the gun in question is already seized in another case, therefore, there is no need of passing any order in this matter. Be that as it may. The contention of learned counsel for the petitioner Shri Kumbhat was that order passed under section 457 Cr.P.C. was not an appealable order. Therefore, the learned Judge, who allowed the appeal and set aside the order passed by the Magistrate and ordered to hand over the possession of the gun to Ratanlal during the pendency of the trial was illegal. There is substance in the submission made by the counsel for the petitioner. The impugned order passed by learned Judge u /s. 457 Cr.P.C. was not maintainable. Therefore, the learned Judge has clearly erred in allowing the appeal. 2. In view of the above this revision petition is allowed and the impugned order passed by the learned Addl. Sessions Judge, Bali dated 9.5.1994 allowing the appeal of the respondent No. 2 is set aside and the order passed by the learned Munsif and Judicial Magistrate, Sumerpur dated 24.3.1994 is restored.Revision allowed. *******