1. In this petition filed under section 482 of CrPC, the petitioner has prayed for setting aside the impugned order Annexure P-1 dated 18.7.2013. It is prayed that the amount in question be given to the petitioner.

The relevant facts are as under:-

2. The petitioner is a member of Scheduled Tribe Community (Saharia). The petitioner’s agricultural land was situated in village Gatwaya, District Shivpuri. The aforesaid land of petitioner was required for the purpose of extension of Madhav National Park, Shivpuri, which is a reserve wild life sanctuary. The petitioner’s land was acquired by the State Government as per Land Acquisition Act. In lieu of acquisition, the petitioner was given Rs. ten lakhs as compensation which petitioner intended to use for rehabilitation. A cheque of Rs.10,00,000/- was given to the petitioner by the A.D.M. Shivpuri. It is contended by Shri Raju Sharma that petitioner is a rustic, poor and illiterate person, therefore, he was not acquainted with the procedure of opening the bank account. Therefore, in good faith, petitioner requested the accused Brijendra Gurjar to help him to open the bank account. It is contended that accused Brijendra Gurjar and his associate Rahul Jain obtained required documents from the petitioner for opening the account and it was opened by them in Syndicate Bank Branch, Shivpuri. After opening the account, the cheque of Rs. 10,00,000/- aforesaid was deposited by the petitioner through accused Brijendra Gurjar in the aforesaid account. At the time of aforesaid process, the accused Brijendra Gurjar and Rahul Jain got petitioner’s thumb impressions on certain papers. The petitioner put his thumb impression as desired by Brijendra Gurjar in good faith.

3. It is contended that after depositing the cheque, the accused Brijendra Gurjar and Rahul Jain told the petitioner that the amount of aforesaid cheque would be realized in 3-4 days and they will inform the date to the petitioner. The petitioner believed the said statement and when after waiting for a considerable long time, no information about the said amount is received by the petitioner, he again contacted the accused. They did not give any satisfactory reply. This create doubt in the mind of the petitioner and, therefore, he obtained duplicate pass book of his account and enquired about the said cheque of Rs.10,00,000/-. The bank informed that on 30.4.2013 the amount of Rs. 10,00,000/- has been transferred from petitioner’s account to the account of Brijendra Gurjar and the said Gurjar has withdrawn the entire amount of Rs.10,00,000/-

4. The petitioner, upon receiving this information, preferred a complaint to the Collector, Shivpuri. The Collector, Shivpuri referred the matter to S.P. Shivpuri. The S.P.Shivpuri, in turn, directed the concerned police station to register a case under sections 420 and 467 of IPC read with certain sections of S.C/S.T. (Prevention of Atrocities), Act. The same was registered vide Crime No. 346/2013. It is contended that during investigation amount of Rs.9,00,000/- were recovered from the house of accused Brijendra Gurjar on his disclosure. The said amount was seized by the police from accused Brijendra Gurjar. After recovery of the said amount, the petitioner preferred an application under section 451 r/w 457 CrPC before the Court of JMFC, Shivpuri. A copy of said application is filed as Annexure P-4. The JMFC by order dated 24.6.2013 rejected the said application. Against that, the petitioner preferred Criminal Revision No. 64/13 before the Sessions Court, Shivpuri. The said Court by impugned order (Criminal Revision No. 64/13) rejected the said prayer.

5. Shri Raju Sharma, learned counsel for the petitioner, submits that the Court below has erred in not releasing the said amount.

6. The prayer was opposed by Shri R.K.Awasthi, P.P. on the ground that if at the end of trial it is proved that the seized amount belongs to accused, it will be difficult to recover it from the petitioner. He suppo