( 1 ) HEARD Sri Gopal Chaturvedi, Senior Advocate, assisted by Sri M. C. Chaturvedi Advocate, for the applicant and learned A. G. A. for the State.

( 2 ) COUNTER and rejoinder affidavits have been exchanged and this application has come up for final hearing.

( 3 ) THE facts giving rise to the dispute is that Hari Prasad Gopi Krishna Jewelers Pvt. Limited had filed this application for release of certain articles seized by the opposite party no. 2 on the pointing out of Mr. Mukesh Agarwal, brother of Mukul Agarwal, opposite party No. 3. The f. I. R. was lodged in case Crime No. 600 of 1997, under Sections 457, 380 I. P. C. , Police Station nazibabad, District Bijnor on 20. 11 1997 against unknown persons and a list of stolen property was given to the Investigating Officer. During course of investigation, one accused namely angrej Singh was taken into custody, who admitted that he had committed theft in the shop of the applicant at Gorakhpur in the year 1994 and sold it to the opposite party no. 3 namely Dhani jewelers Chowk Bazar, Nazibabad, Police Station Nazibabad, District Bijnor and also disclosed that the stolen property from the shop of Dhani Jewelers, op