THE HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL PETITION No.1380 of 2011 ORDER: Petitioner approaches this Court with a prayer to set aside the order passed by the learned Magistrate, whereby he returned the application filed by the petitioner under Sections 451 and 457 of Cr.P.C. Heard both sides. The order passed by the learned Magistrate reads as follows: “Case property not produced by the concerned S.H.O. The property is yet to be ascertained by the prosecution with regard to purity and genuinity in the interest of owner of the property. Hence this petition is returned.” The brief facts of the case are that the petitioner herein lodged a complaint regarding the theft of some of the jewels, which was the property involved in Cr.No.201 of 2008. Learned Magistrate instead of passing any orders returned the petition filed by the petitioner stating that the purity and genuinity of the properties are to be verified by the competent person. Hence, it is returned. In that view of the matter, the learned Magistrate is hereby directed to return the property to the petitioner herein, after appraisal of genuinity and purity of the gold by a competent person, by imposing some conditions as he proposed to impose, on or before 30.03.2011. With the above observation, the criminal petition is disposed of. Miscellaneous petitions filed in this criminal petition, if any, shall stand closed. _______________ RAJA ELANGO, J. 28th February 2011, Rns