DUNI CHAND Vs. BIMLA DEVI

JUDGEMENT

(1.) THIS is an application in revision against that part of the order of Sessions Judge, Jammu, by which he has directed the ornaments to be restored to Mst. Bimla Devi. The application arises in the following circumstances:

(2.) A criminal case of theft was instituted against Saukun and Charan Das and the two accused were ultimately convicted by a Magistrate of Ramnagar. The learned Magistrate after convicting the accused directed that the ornaments recovered should be handed over to the complainant, the petitioner in this case. The accused then appealed to the Sessions Judge against their conviction and the appeal was allowed and the accused were acquitted. The learned Judge came to a clear finding that the case was false and that the complainant had not proved that the ornaments were stolen properties and as a consequential order the learned Judge directed that the ornaments should be returned to Mst. Bimla Devi from whom they were seized.

(3.) IN support of this petition Mr. Sharma contended that the order of restoration of the propertes _ to Bimla Devi was passed without giving a notice to the complainant who is undoubtedly aggrieved by this order. He has further submitted that there was no application on behalf of Bimla Devi which would have enabled the Court to pass an order of the restoration of the property to her.