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Judgment
I.S. Tiwana, J.—The petitioners seeks the quashing of the complaint, Annexure P. 1, filed against them under sections 406/34 IPC with the allegations that they have committed breach of trust inasmuch as the refused to return the dowry and articles as specified in the lists Annexures `A'' and `B'' to the complainant, entrusted to them by or on behalf of the complainant. and the issuance of search warrant under section 94 of the Criminal Procedure Code.
It is the conceded position that by now the Court, i.e. Sub Divisional Magistrate, Nabha has not as yet summoned the petitioners for trial. I am, therefore, of the view that this petition, so far as the question of quashing the complaint is concerned is pre mature.
So far as the question of grant of other relief is concerned I find that the learned Magistrate has recorded a perfectly legal and valid order for the issuance of the warrant after satisfying himself that the premises to be searched are being used for the deposit of stolen property. It is beyond dispute in the light of section 410, IPC that the property which has been Criminally misappropriated or in respect of which criminal breach of just has been committed is stolen property. Therefore, I see no infirmity in the impugned order of the Magistrate pertaining to the issuance of the search warrant of the premises where the property is deposited.
This petition thus fails and is dismissed.