Accused Hiralal Ramlal was prosecuted before the Sub-Divisional Magistrate, Sitamau for a charge under S.409, Penal Code and was acquitted on 25-9-50. During the Police investigation the petitioner who is the father of the accused Hiralal had handed over a sum of Rs.701-2-9 to the Police Officer in charge of the investigation on 5-12-1948. This sum, it appears, immediately after the receipt of the same from the petitioner Ramlal was handed over by the Police to the Municipality Sitamau in which the accused was serving and in respect of which the offence is alleged to have been committed without any specific order of the Court to that effect. On reference to the Panchanama Ex.P/3 with regard to the seizure of this sum it appears that this sum was seized or attached by the Police during the course of investigation.

In various columns in the forms printed for the purpose of use of Sitamau Police it was mentioned that this sum of Rs.701-2-9 was being seized in connection with the criminal breach of trust in respect of the funds of the Municipal Committee by Sub-Inspector Suryamal from the custody of the petitioner Ramlal. After the accused was acquitted the petitioner submitted a