THE HON’BLE SRI JUSTICE N.R.L.NAGESWARA RAO CRIMINAL PETITION NO.2767 OF 2010 ORDER:- This petition is filed by the complainant in C.C.No.87 of 2002 on the file of XXII Metropolitan Magistrate, Mahila Court, Nampally, Hyderabad for a direction to recover some of the properties, which were found entrusted to respondent Nos.2 to 9. 2. The case was filed for offences under Sections 498-A, 406, 506, 323, 494 I.P.C. read with Section 34 I.P.C. and Sections 4 and 6 of the Dowry Prohibition Act. During the course of investigation, the police have accepted the allegation of the complainant and the properties were entrusted to some of the accused persons and they have converted the articles and they were sold without the consent of the complainant and some of the properties are with them. The present application is filed for a direction to the police to recover the same. 3. Learned counsel for the petitioners contends that if the property is not recovered, the charge under Section 406 I.P.C. is likely to be defeated for the reason that no property was recovered. I feel that this contention is not valid. The offence under Section 406 I.P.C. deals with the entrustment of the property and misappropriation of the same for the personal use of the accused persons. The fact to be determined for the offence is only the factum of entrustment. If once the entrustment is proved, the failure to recover the same cannot be a ground to defeat the prosecution. If really the first petitioner is deprived of her valuable property, she can pursue her remedy by filing a suit for the value of the same and can also claim for return of the articles that were seized, but when the charge sheet has been filed after completion of investigation, the direction to seize the properties may not be feasible. Therefore, I find no merits in this petition and the petition is liable to be dismissed. 4. Accordingly, the Criminal Petition is dismissed. The trial Court is directed to take necessary steps for expeditious disposal of the case since it is an old one and some of the accused were also not said to have been apprehended. ____​________________________ N.R.L.NAGESWARA RAO, J 22nd December, 2011 AMD THE HON’BLE SRI JUSTICE N.R.L.NAGESWARA RAO CRIMINAL PETITION NO.2767 OF 2010 Date:22.12.2011 AMD