DHARMENDRA KUMAR JAIN Vs. VISHNU

JUDGEMENT

(1.) This revision is preferred by the petitioner under Section 397 read with Section 401 of Cr.P.C. against the order dated 04.12.2018 (Annexure P-1) passed by the First Additional Sessions Judge, Shivpuri in Criminal Revision No.108/2018, whereby the order dated 24.07.2018 passed by Judicial Magistrate First Class, Shivpuri in Criminal Case No.339/2018 has been set aside and directed to give in supurdigi the seized prperty in favour of the respondent No.1.

(2.) Learned counsel for the petitioner submitted that this is his first revision against the order dated 04.12.2018. The petitioner lodged FIR on 31.01.2018 which was registered at Crime No.26/18 for the offences punishable under Sections 457 and 380 of IPC alleging that petitioner is having one cold storage at Kakarwaya, in which the petitioner keeps the goods of others and charges rent from them. It is alleged in the FIR that on 14.10.2017, Ankit Gupta kept 16 bags of cloves ([1]), further on 15.10.2017 19 bags of cloves ([1]) were kept. On 27.11.2016, 12 bags of cardamom () were kept. Learned counsel for the petitioner further submitted that the petitioner found that certain bags are missing, and therefore, after inspection it was found that 35 bags of cloves ([1]) and 12 bags of cardamon () are missing. Therefore, FIR was lodged. During the investigation, the prosecution apprehended the respondent No.1. From the possession of respondent No.1, stolen articles were seized which included 8 bags of cardamon () and 18 bags of cloves ([1]). After completion of investigation, charge sheet was filed.

(3.) Petitioner filed an application under Sections 451 and 457 of Cr.P.C. for taking the stolen articles on supurdagi. The application was objected by the respondent No.1 on the ground that he has purchased the stolen goods from a trading firm situated at Gwalior.