PRAKASH VERNEKAR Vs. STATE OF GOA

JUDGEMENT

(1.) HEARD learned Counsel for the petitioner. The petitioner has invoked Section 482 of the Code of Criminal Procedure, 1973 for seeking modification of the order dated 14.6.2007, passed by the learned Single Judge of this Court in Criminal Revision Application No.11/2007, to the extent it confirms the order of Addl. Sessions Judge, dated 27.10.06, in Criminal Appeal No.96/2005 by which he has maintained the order of the trial Court dated 1.7.05 in Criminal Case No.205/1996, releasing the muddemal articles 7 to 14 in favour of the complainant.

(2.) THE petitioner and the complainant both filed applications for return of the gold bars which were attached during investigation of the offence of theft in the house of the respondent-complainant. The Criminal Case No.205/1996, ultimately, ended in conviction of the accused. Both the Courts below, thereafter, passed orders disposing of the application filed by the petitioner and the complainant, releasing the MOs. 7 to 14 in favour of the complainant, which orders were impugned in a revision before this Court. This Court, in the revision, being Criminal Revision Application No.11/2007, wherein the order dated 27.10.06 passed by the Sessions Court directing the return of the gold pieces of different weights, seized from the possession of the petitioner, to be returned to the complainant/respondent No.2, after hearing the parties at length, rejected the contentions of the petitioner and dismissed the revision application, with costs of Rs.2,000/- to be paid to the complainant/respondent No.2.

(3.) IN the circumstances, this writ petition is dismissed.