KANT TRIPATHI, J. - (1.) HEARD Mr. Puneet Chandra, learned counsel for the petitioner and learned AGA for the respondent and perused the record.
(2.) THIS is a petition under Section 482 Cr.P.C. for quashing the order dated 18.6.2010 passed by Additional Chief Judicial Magistrate, Court No. 27, Lucknow, in Case Crime No. 150/2010, under Section 381 I.P.C., P.S. Vikas Nagar, District Lucknow. It appears that a cash amount of Rs. 6,000/- and certain ornaments were recovered by the police from the possession of the accused who was a maid servant in the house of the petitioner. The petitioner claimed the recovered cash amount as well as the ornaments alleging that the same belonged to him. The learned Magistrate rejected the application on the ground that the petitioner had not affixed any list of the stolen articles either with the FIR nor handed over the same to the police during the investigation. The photocopy of the list annexed with the application for release of the recovered articles was not admissible for want of its original. The learned Magistrate further found that no evidence was adduced except the alleged photocopy of the list of articles in support of the claim. In that view of the matter, the learned Magistrate rejected the application for release of the recovered articles.
(3.) THE learned counsel for the petitioner submitted that the petitioner was not provided any opportunity to prove his ownership in regard to the claim of cash amount and the ornaments nor the learned Magistrate held any summary inquiry to find out truth in the claim set up by the petitioner. Therefore, the impugned order suffers from material illegality resulting in failure of justice in the case.;