1. By consent of parties, this petition is taken up for final hearing at the stage of admission.

2. Rule. Rule made returnable forthwith.

3. This writ petition filed under article 227 of the Constitution of India, challenged the propriety of the concurrent orders passed by the Courts below rejecting the petitioner’s application under section 451 of Cr.P.C. seeking return of muddemal gold and silver articles. The petitioner is the complainant in a case which is registered as Crime No.5 of 2007 on 10.01.2007 for offences punishable under sections 454, 457, 380, 411, 413, 414 r/w 34 of the Indian Penal Code, against unknown persons. The petitioner alleged that his jewelery shop was burgled between night of 10th and 11th January, 2007. He lodged complaint immediately after the incident. The police investigated into the crime & arrested about six accused and recovered from the accused gold ingots weighing 100 gm and silver ingots weighing 6 kg. It is prosecution case that these muddemal articles are made by melting the ornaments and the articles that were stolen from the shop of the petitioner. Pending the criminal case, the petitioner moved application under section 451 of the