RAJMATA VIJAYA RAJE SCINDIA Vs. STATE OF M.

JUDGEMENT

(1.) One Mahendra Pratap Singh who was private secretary to late Shri Madhav Rao Scindia lodged a complaint before the police alleging that certain valuable articles kept in the Scindia Museum were stolen and attempt was being made to smuggle them out of India. Pursuant to the complaint there was an inquiry and a criminal case was registered. Various articles alleged to have been stolen were recovered by the police from Rani Mahal occupied by the members of late Rajmata Vijaya Raje Scindia. The criminal case was ultimately withdrawn and the Sessions Judge by his order dated 24-1-1991 directed that the various articles recovered by the police be handed over to the Scindia Museum situated in Jai Vilas Palace in Gwalior.

(2.) The order passed by the Sessions Judge was challenged before the High Court and the High Court confirmed the order passed by the Sessions Judge. In the present appeal the matter in controversy relates only to the disposal of the articles seized by the police during investigation.

(3.) The counsel for the appellants contended that these articles were recovered from Rani Mahal occupied by the appellants herein and therefore after the withdrawal of the case these articles should have been handed over to the appellants. It is submitted that the withdrawal of the prosecution proves that allegations made in the complaint were false and, therefore, the articles should have been returned to the party from whom they were recovered. The counsel for the appellants placed reliance on the decisions of this Court in Manipal Finance Corpn. Ltd. V/s. T. Bangarappa and Brijendra Singh V/s. Brij Kumar Gupta. Both the cases relate to disposal of motor vehicle involved in a hire-purchase agreement. In the instant case articles alleged to have been stolen are valuable items and some of them are antiques, the value of which was not assessed by any competent person. Moreover, admittedly, there are civil litigations pending between the parties in respect of the ownership of these properties. When the prosecution is withdrawn ordinarily the articles have to be returned to the person from whom they were recovered, but the court can consider various other aspects and can pass appropriate order for disposal of the matter.