Bishan Narain, J.

1. The only point that requires consideration in this case is whether the petitioner ig entitled to the restoration of his property which was attached under Section 88. Criminal Procedure Code.

2. The present petitioner was wanted in a murder case and a proclamation under Section 87, Criminal Procedure Code, was issued on 13th Juno 1950 ordering him to appear before tha Court within 30 days from the date of its issue. The proclamation was published on 29th of June 1950. On the date the proclamation was issued, i.e., 13th of June 1950 the Court also ordered attachment of moveable and immovable property under Section 88, Criminal Procedure Code. His moveables were attached on 29th June 1950 and were sold on 12th March 1951 for Rs. 178/7/-while his immovable property was attached on 30th August 1950 and is still under attachment. It appears that the petitioner voluntarily surrendered himself or was apprehended and brought before the Court on 15th April 1951. He was tried under Section 302, Indian Penal Code, but was acquitted by the Sessions Judge by his order dated 12th April 1952. On 21st of April 1951 the petitioner applied under Section 39, Criminal Proce