1. This petition is filed by the complainant in C. C. No. 976 of 53 on the file of the Second Magistrate, Chitaldroog against the order of the District Magistrate, Chitaldroog in Criminal B. P. No. 6/54 on his file directing the disposal of property under Section 520, Criminal P. C.
2. The revision petition before the District Magistrate has been preferred by the respondent, P. W. 12 in the trial court, against the order of the Second Magistrate, Chitaldroog, directing that the property, the subject-matter of the criminal case viz., Rs. 1000/- be delivered to the complainant.
3. During the course of arguments in this Court Mr. B.S. Puttasiddiah learned counsel for the respondent disclosed that an appeal has since been filed by the accused, before the Sessions Judge, against the judgment of conviction. The disposal of property being an integral portion of the judgment is finally subject to the order in appeal. Where no appeal is filed, it is clear that both the District Magistrate and the Sessions Judge have concurrent jurisdiction under S. 520, Cr. P. C.
In a decision of this Court reported in 16 Mys LJ 73 (A), it has been laid down that a Court which ordinarily exercises appellate or revisional jurisdiction such as a Court of Session or a District Magistrate, may in regard to orders passed under Sections 517, 518 or 519, Criminal P. C. by a Subordinate Court, revise such orders by virtue of the provisions of Section 520 of the Code, although there are no proceedings by way of appeal or revision from the main decision itself. -- 'U Po Hla V. Ko Po Shein', AIR 1929 Rang 97 (B) is referred to therein with approval.
The Rangoon High Court while holding that an order of the trial court passed under Section 617, Criminal P. C. may be interfered with by the Sessions Judge or the District Magistrate in their revisional Jurisdiction even when there is an acquittal by the trial court, further lays down that in a case of conviction by a First Class Magistrate the District Magistrate has in the absence of an appeal to the Sessions Court powers to interfere with an order passed under Section 517 of the Code.
4. It is clear that the legislature intended in the case of Section 520, as in some other section, to confer concurrent jurisdiction on the District Magistrate and the Court of Session. When once the applicant elects one or the other forum, the remedy is exhausted. But it appears to me on general principles, that where an appeal has been preferred to a particular court from the main order of conviction or acquittal no appeal or revision against an order as to the disposal of property can be preferred to the other court under Section 520, Cr. P. C. The jurisdiction of the other Court, as to the revision of the order, ceases owing to the seisin of the entire case by the Court of Appeal (Vide -- 'Emperor v. Hussain Shah', 1 Cri LJ 764 (Nag) (C) ).
5. In this case, however, there is little doubtthat the trial Magistrate at Chitaldroog is exercising first class powers and, as has been frankly admitted, an appeal has since been filed before the Sessions Judge against the order of conviction. I therefore set aside the order of theDistrict Magistrate and direct that the petitionfiled by P. W. 12 may be transferred to theCourt of the District and Sessions Judge, Shimogafor consideration and disposal along with themain case pending in appeal before him.
6. Order set aside.