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1958 Supreme(AP) 164

MUNI KANNIAH
Padma Chandriah – Appellant
Versus
Pamjwomi – Respondent


MUNI KANNIAH, J.

( 1 ) P. W. 7 is the petitioner from whom one imitation stone and 12 diamonds were recovered in connection with Criminal Case No. 35/5/56. The Additional District Munsif and First Class Magistrate of Secunderabad, in his order discharging the accused, observes that P. W. 8 (the complainant) and P. W. 9 recognised these articles as belonging to the complainant and from this he deduces that the ownership of these diamonds and stones and another lock was with P. W. 8 and also concludes that they were stolen. He seeks to construe the decision in Muthiah Muthirian v. Vairaperumal Muthirian, AIR 1954 Mad 214, as enjoining upon him to give possession of these articles to the complainant in the case. The revision application filed by P. W. 7 before the District Magistrate, Secunderabad, against the orders of the learned Munsif Magistrate was dismissed thereby upholding the reasons given, by the trial Court for departing from the general principle that the property produced before a Court regarding which any offence appears to have been committed or which had been used for the commission of any offence should be returned to the person from whom possession of them was taken.





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