AMARESHWAR SAHAY, J. - (1.) HEARD the parties.
(2.) THE petitioner has challenged the order of the Revisional Court dated 29.1.2004, allowing the Revision application and setting aside the order passed by the trial Court, refusing the prayer of the informant/Opposite Party No. 2 to release the cash amount of Rs. 60,000.00 in his favour, which was seized by the Police in course of investigation of Jharia P.S. Case No. 28 of 2003 registered under Sections 392 and 411, Indian Penal Code and directing the trial Court to release the aforesaid amount in favour of the informant/Opposite Party No. 2. Jharia P.S. Case No. 28 of 2003 was lodged on 30.1.2003 under Sections 392 and 411, Indian Penal Code by the informant/Opposite Party No. 2 alleging therein that on 30th of January, 2003 at about 9.50 a.m., the miscreants variously armed with Revolver, Bhujali etc. came to the house of the informant/Opposite Party No. 2 and on the point of Revolver and Bhujali, they looted cash amounting to Rs. 60,000.00 , which was kept in the Almirah and thereafter fled away.
(3.) IN course of investigation, on the basis of confessional statement of the accused Rajesh Gupta, the aforesaid amount of Rs. 60,000.00 was recovered from his possession. It appears that apart from the aforesaid amount of Rs. 60,000.00 , a further sum of Rs. 40,000.00 was also recovered from the same place in presence of witnesses. The said currency notes of Rs. 60,000.00 were bearing the signature of the son of the informant. An application for release of the amount of Rs. 60,000.00 was filed by the informant/Opposite Party No. 2 before the trial Court. The prayer for release was objected to, by the prosecution on the ground that the investigation was going on and further that the said currency notes would be required for getting it exhibited during the trial. The learned trial Court by order -dated 25.4.2003, rejected the prayer for release of the said amount.;