XAVIER V.G. Vs. K.V. KUNHIKANNAN

JUDGEMENT

(1.) The petitioner has filed this revision petition challenging the correctness of the order dtd. 18/7/2013 passed by the I Additional Senior Civil Judge and CJM., Mangalore, (henceforth referred to as 'the Trial Court') in Crl. Misc. Case No.6/2008 by which, an application filed by the respondent No.1 herein under Sec. 452 of the Code of Criminal Procedure, 1973 (for short, 'the Cr.P.C .') was entertained and M.O. Nos.1 and 2 were ordered to be released in favour of the respondent No.1 herein. The petitioner has also challenged the Judgment dtd. 13/4/2018 passed by the II Additional District and Sessions Judge, D.K., Mangaluru, (for short, 'the Sessions Court') in Criminal Appeal No.251/2013.

(2.) The petitioner lodged a complaint on 2/7/2005 alleging that some persons had committed theft of gold ornaments from his house. Based on this, the jurisdictional Police registered Crime No.235/2005. A chargesheet was filed for offences punishable under Ss. 457 and 380 of the Indian Penal Code, 1860 (for short, 'the IPC ').

(3.) Based on the statement of the accused, certain gold ornaments were seized from the custody of respondent No.1 herein. After the trial, the Trial Court acquitted the accused of the said offences. Consequent thereto, the petitioner herein and respondent No.1 herein filed separate applications seeking release of the material objects that were seized by the jurisdictional Police. The Trial Court after considering the material on record, held that the respondent No.1 herein is entitled to the custody of M.O. Nos.1 and 2 while the petitioner herein was entitled to the custody of M.O. No.3.