THE HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL PETITION Nos.7970 and 8471 of 2011 COMMON ORDER: Since the petitioner in both the criminal petitions is one and the same they heard together and are being disposed of by this common order. Petitioner in both the petitions approaches this Court invoking the provisions under Section 482 Cr.P.C. challenging the orders passed in Crl.R.P.Nos.8 of 2011 and 7 of 2011 respectively passed by the learned First Additional Sessions Judge, Nalgonda, Nalgonda District, whereby the learned Judge dismissed the applications filed by the petitioner for return of a sum of Rs.5,50,000/- and Rs.50,000/- which were seized from the possession of the accused on the basis of the complaint given by the petitioner herein. The brief facts of the case are as follows: The present petitioner lodged a complaint regarding the kidnapping the also collection of a sum of Rs.6.00 lakhs from him and subsequently the police registered a case in Cr.No.128 of 2010 and recovered the property. After some time, the petitioner filed an application for return of the same. The learned trial Judge dismissed the said application and the appellate Court also dismissed the revision petitions preferred by the petitioner herein. The petitioner submits that he being the owner of the property and also the said amount was recovered on the basis of the complaint given by him, he is entitled for the same, whereas, the lower Court dismissed the applications stating that the accused also claiming the property. Learned counsel for the petitioner submitted that the accused never filed any application for the said money and the appellate Court has erroneously recorded as if the accused also claimed for the same. Hence, this Court directed the petitioner to serve notice on the accused. Accordingly, the petitioner served notice and the same was received by the accused on 21.09.2011. When the matter posted to today, nobody represents on behalf of the accused concerned. Heard the learned counsel for the petitioner. Considering the facts and circumstances of the case, this Court is of the view by invoking the provisions under Section 451 Cr.P.C. the said amount seized from the petitioner can be returned to him. Accordingly, the trial Court is directed to return the same on execution of a bond for a sum of Rs.5,50,000/- and Rs.50,000/- totaling to Rs.6.00 lakhs by the petitioner. With the above observation, both the Criminal Petitions are disposed of. Miscellaneous petitions filed along with the Criminal Petitions, if any, shall stand closed. __________________ JUSTICE RAJA ELANGO 15th November 2011, Rns.