1. The petitioner in this revision petition was pw. 3 in C.C. No. 2242 of 1961 on the file of the Sub Magistrate, Cochin. The case related to theft of 4 tins of Ramacham oil and the case was charged against 3 persons. The case was that pw. 2 had kept the tins of oil in the godown of pw. 1, and theft was committed sometime in the night by effecting entry into the godown through the roof. The next day the tins were found intact, but the oil therefrom had been drainen away in other tins brought by the thieves and after filling the tins of the godown with water, they had made good their escape with the oil. The case however, ended in acquittal. But the learned Sub-Magistrate directed the disbursement of the stolen oil to pw. 2. The matter finally came up before this Court, and here the direction of the Sub Magistrate regarding the disposal of the stolen article was set aside and the matter was sent back for decision afresh after taking evidence. The learned Sub Magistrate thereupon took evidence, and came to the same conclusion viz , that the articles should be disbursed to pw 2. Challenging the order, pw. 3 preferred Criminal Miscellaneous Petition under S.520 of the Code