JUDGMENT - KHARCHE S.T., J.:---Rule. Rule made returnable forthwith by consent of parties.

2. Heard Mrs. Sirpurkar, learned Counsel, for the applicant and Mr. Doifode, learned A.P.P., for the respondent/State.

3. Invoking the jurisdiction of this Court under section 482 of the Code of Criminal Procedure (for short the Code) read with Article 227 of the Constitution of India, this application is for issue of directions to the Judicial Magistrate, First Class for interim release of the seized property on execution of supratnama as per the provisions of section 451 of the Code.

4. The learned Counsel for the applicant contended that the impugned order dated 5-2-2002 passed by the learned J.M.F.C. in Reg. Criminal Case No. 114 of 1989 rejecting the application of the applicant for interim release of the seized property is under challenge before this Court. The learned Counsel further contended that the applicant was the original complainant in Criminal Case No. 116 of 1978. The allegations in the complaint were that in the night intervening 9-2-1976 and 10-2-1976, when the complainant was sleeping inside the house, gold ornaments, silver coins and sarees worth Rs. 20,000/- were stolen. Th

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