LAWS(ALL)-1997-4-117

DEVENDRA Vs. STATE OF U P

Decided On April 01, 1997
DEVENDRA Appellant
V/S
STATE OF UTTAR PRADESH Respondents

JUDGEMENT

(1.) C. A. Rahim, J. The applicant has filed one application for revision with a prayer to give direction to P. W. 1 Radha Kishan and P. W. 5, S. I. K. K. Sharma, Investigating Officer to return the property recovered from the petitioner which recovery memo was prepared (Ext. Ka-2 ). The said application, on prayer, has been converted to an application under Section 482, Cr. P. C.

(2.) THE matter, in short, is that there was a trial of the applicant against whom a charge under Section 380, I. P. C. was framed. He was convicted by the learned Additional Chief Judicial Magistrate, Bareilly, which was confirmed in appeal before the learned III Additional Sessions Judge, Bareilly. A revision was filed (No. 1622 of 1984) before this Court and by judgment and order dated 24-5-1990 the appeal was allowed. THE applicant was acquitted to the charge under Section 380, I. P. C. An order was also passed that a pair of tops and gold ring recovered from the revisionist (applicant before me) as contained in the recovery memo (Ext. Ka-2) shall be returned to him.

(3.) I do not understand when a specific order for the return of the recovered articles was passed by this Court why the said order was not complied with. In any case, this Court can assume jurisdiction for passing further order on it for the ends of justice under Section 482, Cr. P. C.