- (1.)Heard Mr. Mohapatra, learned Counsel for the Petitioner and the learned State Counsel.
(2.)In this application under Section 401 read with Sections 397 & 451 Code of Criminal Procedure the Petitioner has sought to challenge the order dated 22.02,2010 passed by the learned S.D.J.M., Karanjia in C.M.C. No. 02 of 2010, arising out of G.R. Case No. 282 of 2009 rejecting the prayer of the Petitioner to release the seized articles (ornaments).
(3.)From the records it appears that the Petitioner had lodged an F.I.R. at Raruan P.S. on 20.09.2009 stating therein that he. was carrying a Jewellery shop at Charminar Bazar in Hyderabad district, Andhra Pradesh wherein one Parameswar Naik was working who was given two gold necklace with one locket fitted with diamond on 8.9.2009 for repair, but taking the said ornaments, he fled away from the shop. It further appears that after the FIR was lodged, the police investigated into the matter, apprehended the accused and the accused allegedly confessed to have taken two gold necklace with one locket fitted with diamond and the same were recovered from his possession.