O R D E R

The above Crl.M.C is filed challenging Annexure-I order.

Annexure-A final report was filed in Crime No.136 of 2002 Thiruvalla Police Station alleging offences punishable under Sections 457, 461 and 308 r/w Section 34 of IPC. The petitioner was the charge witness No.2 in Annexure-A charge sheet. According to the petitioner, the property stolen were sold by the accused No.1 to him and that gold ingot weighing 100 grams (marked as MO1 in the trial) was recovered from his jewellery. It is the case of the petitioner that he was compelled to give the gold ingot to the police and no recovery was effected as alleged in Annexure-A charge sheet. Annexure-A charge sheet was taken cognizance as C.C.No.14 of 2004. Only the accused No.1 faced trial. Neither CW1 nor his father-in-law were examined. The learned Magistrate, as per Annexure-B judgment dated 11.03.2008 acquitted the accused No.1 who stood trial. The case against the accused No.2 was split up and refiled as C.C.No.107 of 2008. The petitioner filed Annexure-C petition before the learned Magistrate under Section 451 of Cr.P.C for release of the gold. The same was dismissed stating that the case against the other accused is pen