N. L. TIBREWAL, J. - (1.) THIS petition is directed against the order dated June 20, 1990 of Additional Sessions Judge No. 1, Alwar in criminal revision No. 7/89 refusing to set-aside the order dated 7. 7. 88 of Munsif and Judicial Magistrate, Rajgarh.
(2.) I need not go into the details of the case, as this petition being virtually against the order of the learned Munsif and Judicial Magistrate, who has given the articles/ornaments in 'supurdgi' of non petitioner No. 2 in exercise of the powers under Section 451 Cr. P. C. The said articles were seized by the police in Criminal case No. 14/23-1-84, registered under section 457-380 IPC. With regard to the said case, a report was made by the petitioner Kailash Chand alleging that in the night of January 20, 1984, theft of ornaments of the non-petitioner No. 2 was committed by committing house breaking by night. It is alleged that after the seizor of the ornaments, they were handed-over in "supurdgi" of Harsahay. However, the police submitted a final report in the case, then the non - petitioner Chhaganlal moved an application in the court of the learned Magistrate with a prayer that the ornaments, seized by the police, should be made available to him. On this application a direction was given by the learned Magistrate to S. H. O. Rajgarh on April 28, 1984 to return the ornaments to non-petitioner No. 2. It appears that non-petitioner then made a complaint in the court against the SHO that he wanted to obtain his signatures on a receipt, showing return of ornaments, without returning the same. The court gave notice of this application to SHO, Rajgarh. In reply of the notice he replied that the ornaments were given in 'supurdgi' of Harsahay, who was not traceable and the ornaments shall be obtained from him when he is traced out. Thereafter, the SHO made a report at police station Rajgarh against Harsahay, undere sction 406 IPC, making complaint therein that the ornaments, which were given in his "supurdgi" were not being returned by him, as such, he committed the offence of breach of trust. After registration of the case, the ornaments wers seized by the police from the possession of Kailash Chand S/o Harsahay. The police submitted a challan in the court of Munsif and Judicial Magistrate against the petitioners under Sections 406 and 411 IPC. The said case is still pending in the court of learned Judicial Magistrate, Rajgarh. Then the non-petitioi1er No. 2 moved an application that the articles/ornaments be given in his 'supurdgi' and the trial court passed an order on 7. 7. 1988 to deliver the same in his custody. This order was passed under Section 451 Cr. P. C. The powers under Section 451 Cr. P. C. are of discretionary nature. In my view, no interference is called for in the above order, in exercise of the powers under Section 482 Cr. P. C. especially in the facts and circumstances of the case narrated above. This petition has no merit and the same is dismissed. .;