HHGHI(%DEE¥T(DFWCEHIA$ HEKhAR&I!¥P1&HJNSPUEt CR.M.P. No. 472/2008 Rohani Das Mahant, agéd about 24 ‘years, son of Shri Firtu Das Mahant, resident of village T.P. Nagar, Korba, Tahsil and Distt. Korba (C.G.). VERSUS Statc of Chhattisgarh through the District Magistrate, Korba (CG). PETITIONER RESPONDENT pETITION UNDER sEc'rlon 482 OF THE CRIMINAL PROCEDURE CODE, 1973. (SB :Hon’ble Mr. T.P.Sharma, J.) Present:-. Shri Vimlesh Bajpai, Advocate for the petitioner. Shn’ Akhil Mishra, Dy. G.A. for the State/respondent. ORAL- ORDER (Passed on 04/ 11/2009) This petition is under Section 482 of the Code of Criminal Procedu're, 1973 (for short ‘the code) for quashment of the order dated 7/3/08 passed by Sessions Judge Korba, in criminal revision No. 6/ 2003 affirming the order dated 7/ 12/2007 passed by the Chief Judicial Magistrate, Korba in criminal case No. 1508/2007 where by learned Chief Judicial Magistrate, Korba dismissed the application for interim custody of the currency note of Rs. 36 thousand file on behalf of the petitioner. Learned counsel for the petitioner argued that money was stolen from the possession of the petitioner and is entitled for possession of the currency note but court below has not given the same in interim custody. Order impugled perused. Acoording to the order impugned Rs. 36 thousand set to have been stolen from the possession of the petitioner but only Rs. 35750/— has been recovered at the instance of accused this is not the case that currency note stolen were identified and property stolen and property recovered are one and same. In absence of aforesaid facts court below has rightly dismissed the petition for interim custody, I do not find any scope of interference in the order impugned. Consequently this petition is liable to be dismissed and it is hereby dismissed. T. P. Sharma ,n; Judge ‘? r Sdl- d