Supported by an affidavit, the revision petitioner filed Crl.M.P. 3149/84 on 8-8-1984 before the Judicial Magistrate of the First Class, Neyyattinkara. Allegation in the petition was that the respondents (1st respondent herein and his son) committed theft of some items of furniture from his furniture shop and have hidden them at their residence. Petition was filed under S. 94 of the Criminal P.C. Prayer was to issue an order for search. Date of commission of offence was alleged to be on 7-8-1984. On 8-8-1984 itself, Magistrate ordered : "issue search warrant". On 16-8-84, pursuant to the search warrant, the Sub-Inspector of Police, Balaramapuram conducted search in the residence of the 1st respondent. 13 items of furniture were taken to custody. A search list was prepared. Both the petitioner and the 1st respondent claimed custody. After taking some evidence, the Magistrate ordered entrustment of the articles to the petitioner. First respondent filed Crl.R.P. 125 of 1984 before the Sessions Court, Trivandrum against the order for search. By order dated 26-11-1984, the Sessions Judge allowed the revision and quashed the order. Hence this revision.

2. One of the contentio