BHEEMA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) By way of instant petition under Sec. 482 Crimial P.C. the petitioner has challenged the order dated 7.9.2000 passed by the Special Judge, SC/ST (Prevention of Atrocities) Cases, Udaipur refusing to interfere with the order dated 9.3.2000 passed by the Additional Chief Judicial Magistrate No.2, Udaipur rejecting the petitioner's application under Sec. 457 Crimial P.C. Circumventing the provisions of Sec. 397(3) Crimial P.C. which prohibits further revision at the instance of the same party the petitioner seeks to invoke the inherent powers of this Court under Sec. 482 Crimial P.C.

(2.) It is alleged that a theft of Zinc Ingots, Lead rods was committed from the Store of the Hindustan Zinc Ltd., Udaipur. Five accused persons were put to trial. The accused petitioner was arrested. He made a statement before the police while in custody that he had sold Zinc Ingot for a sum of Rs. 25,000.00 and Lead rods for the similar amount. Pursuant to the information given by him recovery to the tune of Rs. 47,500.00 was made. However, the petitioner was acquitted of offence under Sec. 379 IPC. The petitioner claimed the amount recovered from his possession during investigation. The claim has beat rejected by the court of learned Magistrate, which has been confirmed by the impugned order.

(3.) It is submitted by the learned counsel that as the prosecution has failed to establish the charge of theft against the petitioner, as such he is entitled to return of the amount recovered from his possession. It is not in dispute that at no stage during trial the petitioner claimed the amount recovered as belonging to him. It is well established that the accused charged with theft pleads that they have committed no theft and property stolen was foisted on them and the Magistrate accept the plea doubting that theft is committed, he should not order for return of the property to the accused. Reference may be made to Dr. Brijendra Swarup Vs. Election Tribunal, Lucknow and Ors., AIR 1956 All 111. No case is made out for interference by this Court in exercise of powers under Sec. 482 Crimial P.C.