Devendra vs State of U.P.

C.A. Rahim, J.—The applicant has filed one application for revision with a prayer to give direction to P.W. 1 Radha Kishan and P.W. 5, S.I., K.K. Sharma. Investigating Officer to return the property recovered from the Petitioner which recovery memo was prepared (Ext. Ka-2). The said application, on prayer, has been converted to an application u/s 482, Code of Criminal Procedure.

The matter, in short, is that there was a trial of the applicant against whom a charge u/s 380, I.P.C. was framed. He was convicted by the learned Additional Chief Judicial Magistrate, Bareilly, which was confirmed in appeal before the learned IIIrd Additional Sessions Judge, Bareilly. A revision was filed (No. 1622 of 1984) before this Court and by judgment and order dated 24.5.1990 the appeal was allowed. The applicant was acquitted to the charge u/s 380 I.P.C. An order was also passed that a pair of tops and gold ring recovered from the revisionist (applicant before me) as contained in the recovery memo (Ext. Ka-2) shall be returned to him.

In paragraph 8 of the affidavit it has been stated that the applicant approached both the court below as well as the police authorities but his application for the return of the articles was not entertained and those were not returned on the pretext that records were not with them.

At page 7 of the judgment of this Court it was held that those articles were handed over to the complainant before taking of evidence and he produced it before the court at the time of deposition. With that reference learned Counsel submits that a direction be issued to the complainant to return those articles under the inherent powers of the Court.

I do not understand when a specific order for the return of the recovered articles was passed by this Court why the said order was not complied with. In any case, this Court can assume jurisdiction for passing further order on it for the ends of justice u/s 482, Code of Criminal Procedure.

Accordingly the application is allowed. The complainant is directed to return these two articles (a pair of tops and one gold ring) to the applicant Devendra within one month. If he fails to do so the trial court and the S.O. of the police station concerned shall issue necessary steps to execute it and shall give every assistance to the applicant to get back the recovered articles at earliest.

With the above direction the application is disposed of.