SUBHASH Vs. STATE OF KERALA

JUDGEMENT

(1.) The revision petitioner is the appellant in Crl.A.247 of 2004 which was preferred challenging the judgment dated 22.5.2004 in C.C.No.293 of 2003 on the Court of the Judicial First Class Magistrate, Karunagappally, to the extent it disallowing the claim of the petitioner for MO1 property and ordering to return MO1 gold ingot in favour of PW1.

(2.) Heard the learned counsel for the petitioner and the learned Public Prosecutor.

(3.) The case of the petitioner is that MO1 gold ingot was handed over by him to the investigating officer in C.C.No.293 of 2003 on 7.12.2002 and he had preferred CMP No.4972 of 2004 under Section 451 of Cr.P.C. for the interim custody of MO1 gold ingot on 23.6.2003 and the said petition was dismissed on 22.5.2004, as per the judgment of the trial court. It is the further case of the petitioner that PW1 has not made any claim with respect to MO1. Therefore, according to the petitioner, the Court below ought not have ordered to release MO1 in favour of PW1 especially when the recovery of MO1 gold ingot was not proved property. Thus according to the learned counsel, the judgment of the appellate court is liable to be set aside and the petitioner is entitled to get MO1 gold ingot and the judgment of the trial court to that extent is liable to be set aside.