1 S.B. Cr. Misc. Petition No.51/2010 Mrs. Gulshan Chawla VS. The State Dated : 25.01.2010 HON'BLE MR. MAHESH BHAGWATI,J. Mr. RS Rathore, for the petitioner. Mr. Amit Punia, PP for the State. *** By way of this criminal misc. petition filed under Section 482 of Cr.P.C. the accused petitioner has impugned the order dated 19th December, 2009 passed by the Judicial Magistrate No.18, Jaipur City, Jaipur. The learned trial Court dismissed the application of the petitioner with regard to releasing the stolen property on Supardaginama. Heard the learned counsel for the petitioner and carefully perused the impugned order. Having heard the learned counsel for the petitioner and carefully scanned the impugned order, it is noticed that the case has been pending trial. The stolen articles which were seized by the police during investigation are lying with the trial Court in double lock. These articles are said to be the subject matter of a theft case, which are required for an identification during trial. The learned trial Court has not committed any error in dismissing the petition and not releasing the golden articles on Supardaginama to her. Since the question of identification 2 of the stolen property is involved during the trial, these articles cannot be released at this stage to the petitioner. This impugned order is just and apt based on cogent reasoning. I do not find any illegality or infirmity in the impugned order. The submissions made by the learned counsel for the petitioner do not seem to be tenable and thus the misc. petition, in the facts and circumstances of the case, deserves to be dismissed. For the reasons stated above, the criminal misc. petition filed under Section 482 of Cr.P.C. being bereft of merits stands dismissed. However, the learned trial Court is directed to set out the charges against the accused as early as possible and record the statements of material witnesses, who are required to be identify the stolen property during trial. Thereafter, if any application under Section 451 of Cr.P.C. is filed by the petitioner, the same shall be disposed of after hearing both the parties, in accordance with the provisions of law. (MAHESH BHAGWATI)J. pcg