IN THE HIGH COURT OF BOMBAY AT GOA CRIMINAL WRIT PETITION NO. 33 OF 2010 SHRI CAITAN D'MELLO ... Petitioner Versus THE STATE OF GOA, THROUGH THE CHIEF SECRETARY AND 4 ORS., ... Respondents Mrs. Asha Dessai,Advocate for the petitioner. Coram:- A. S. OKA & F. M. REIS, JJ. Date:- 17th June, 2010 P.C. Heard the learned Counsel appearing for the petitioner. The grievance in the petition is that certain wooden logs owned by the petitioner, which were seized by the police, have been lost. The petitioner lodged a complaint with the police that her five wooden logs have been stolen. His case is that though 11 logs were seized, only 8 were recorded in panchanama. His grievance is that only two logs were returned and other three are not returned. 2. We find that the said prosecution ended in acquittal by the judgment and order dated 16th February, 1995 passed by the Learned Judicial Magistrate, First Class. While acquitting the accused, the learned Magistrate directed that two logs identified by the petitioner, who was the complainant, out of the 8 logs seized by the police be handed over to the petitioner complainant. If the petitioner complainant was aggrieved by the said order, a remedy was available to the petitioner. The petitioner took up the matter with the Director of Prosecution. The case of the petitioner is that the Director of Prosecution ought to have recommended filing of an appeal against the order of acquittal and the order of returning of the two logs. The Director of Prosecution has not taken any action. The petitioner proceeded against the three officers of the police by filing a complaint before the State Police Complaint Authority. The complaint was held to be devoid of merits. It was found that two of the officers named by the petitioner were not concerned in the seizure of the wooden logs. 2. As the petitioner has not challenged the order of the learned Magistrate by which only two logs were ordered to be returned, in writ jurisdiction under Article 226 of the Constitution of India, no relief can be granted to the petitioner. If the complainant wants to claim damages on account of alleged loss of these wooden logs, remedy of filing a civil suit is always available to the petitioner. Subject to what has been observed above, no case is made out for admission. The Criminal Writ Petition is rejected. A. S. OKA, J. F. M. REIS, J. SMA