HON’BLE SRI JUSTICE RAJA ELANGO CRIMINAL PETITION No.7409 of 2011 ORDER: This Criminal Petition is filed by the petitioner-de facto complainant, under Section 451 read with Section 482 of Cr.P.C., with a prayer to direct the Addl. Junior Civil Judge, Chilakaluripet, Guntur District, to return the seized property in connection with Crime No.76 of 2010 of S.H.O., Chilakaluripet Town P.S., Guntur District, registered on the basis of the complaint given by him regarding theft of gold articles and cash. Learned counsel for the petitioner has submitted that though the petitioner filed a petition before the trial Court seeking to return the seized property belonging to him, but the trial Court returned the said petition by an order dated 26.04.2011 on the ground that the case property is not produced by the concerned S.H.O. and the property is yet to be ascertained by the prosecution with regard to purity and genuinity in the interest of owner of the property. He further submitted that in similar facts of the case, this Court passed an order dated 28.2.2011 in Crl.P.No.1380 of 2011 and, therefore, he prayed to pass a similar order in this Criminal Petition. On perusal of the record and also the aforesaid order and in the facts and circumstances of the case, this Court is of the view that the learned Magistrate may be directed to return the seized property on some conditions. Accordingly, the Criminal Petition is allowed and the learned Magistrate is hereby directed to return the seized property to the petitioner, after appraisal of genuinity and purity of the gold articles by a competent person, by imposing some conditions as he proposes to impose, on or before 23.10.2011. Miscellaneous petitions, if any, filed along with the criminal petition shall stand closed. _____________ RAJA ELANGO, J 22nd September, 2011 cbs HON’BLE SRI JUSTICE RAJA ELANGO Criminal Petition No.7409 of 2011 (Allowed) 22nd September, 2011 cbs