( 1 ) IN this application an order passed by the Sessions Judge, Mainpuri, under Section 520 of the code of Criminal Procedure is challenged. Mool Chand, opposite party, and others were prosecuted before an Assistant Sessions Judge for the offence of Section 380,. P. C. It was alleged that they committed theft in the cloth shop of the applicant Talawar Jha and stole pieces of cloth. During the trial some pieces of cloth admittedly recovered from the houses of Mool chand and others were produced before the court. Mool Chand admitted that the cloth was recovered from his possession but claimed that it belonged to him. Others denied the recovery from their possession and did not lay any claim to the cloths said to have been recovered from their possession. The learned Assistant Sessions judge convicted some of the accused and acquitted the others including Mool Chand. He ordered under Section 517 of the Code that the pieces of cloth which bore the seal or signature of talawar be delivered to him and that the other pieces which bore neither his seal nor his signature be returned to Mool Chand. Mool Chand filed an application under Section 520 against the order deliverin