MAHOMED ALI Vs. STATE

JUDGEMENT

(1.) THIS is an application in revision by one Muhammed Ali and it is directed against the order dated 17th August 1954 of the Chief City Magistrate, Hyderabad whereby he dismissed the petitioner's application dated 5th July 1954 praying that money lying with the court below be refunded to him in the result of his acquittal.

(2.) BEFORE adverting to the question involved herein, it may be mentioned that the petitioner was charged with offences falling under Sections 400 and 353 of the Hyderabad Penal Code for having obtained the sum claimed by cheating and fabrication of false document. On conclusion of the trial, he was found guilty of the said offences and sentenced to four years' rigorous imprisonment. That conviction and sentence was upheld on appeal. On a revision filed in this Court it was found that the Chief City Magistrate has no jurisdiction to try the petitioner and we by our judgment and order dated 18th June 1954 for reasons stated therein, acquitted him. The Trial Magistrate while sentencing the petitioner had ordered that the monies recovered from the petitioner's possession may be handed over to the Commercial Corporation Mahabubnagar. As there was no specific order in our acquittal judgment with respect to the said amount, the petitioner applied to the Trial Magistrate for an order of its refund as a necessary consequence of his acquittal.

(3.) THE learned Magistrate dismissed the application on two grounds : firstly because his previous order with respect to the disposal of money had not been expressly set aside by the High Court, and secondly because Section 517 of the Criminal Procedure Code was enough to justify the order which he had made.