The petitioner-informant is before this Court invoking

the inherent power of this Court under Section 482 of

Cr.P.C., seeking to quash the order dated 07.03.2022

passed by the learned District and Sessions Judge at

Yadgiri

in

CRL.R.P.No.3/2021

and

the

order

dated

19.02.2021 passed by the learned Additional Civil Judge

and JMFC, Shorapur, on the application filed under Section

457 of Cr.P.C., in Crime No.3/2021 and consequently to

allow the application and release the seized articles at

item Nos.1 to 299 in P.F.No.2(a)/2021 in Crime No.3/2021

of Hunasagi Police Station, Yadgiri District.

2.

Brief facts of the case are that the petitioner

lodged first information with Hunasagi Police Station on

13.01.2021, against unknown persons for the offences

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punishable under Sections 365, 302 and 396 of IPC. It is

alleged that on the said date, some unknown persons

criminally trespassed into the house, assaulted the son of

the informant with sharp edged weapon and caused his

death. They said to have robbed about 1Kg gold worth

Rs.50,00,000/- and about 2 Kgs silver articles. Therefore,

he requested the police to register the case and to trace

out the culprits. Accordingly, FIR was registered in Crime

No.3/2021 for the above said offences and investigation

was undertaken. It is stated that after investigation

charge sheet came to be filed against accused Nos.1 and 2

for the offences punishable under Sections 392, 302,

120(B) r/w Section 34 of IPC.

3.

It

is

stated

that

during

the

course

of

investigation accused Nos.1 and 2 were apprehended. It is

stated that about 1.5 Kgs., of gold ornaments and 10 Kgs.,

of silver articles were recovered at their instance and

seizer of the same was reported to the jurisdictional

Magistrate.

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4.

The informant filed an application under

Section 457 of Cr.P.C., before the learned Magistrate

seeking for interim custody of the gold ornaments and

silver articles, since all those ornaments were robbed from

his house by accused Nos.1 and 2 while committing the

offence. The said application came to be dismissed vide

order dated 19.02.2021.

5.

Being aggrieved by the rejection of his

application under Section 457 of Cr.P.C., the petitioner

filed Criminal Revision Petition No.3/2021 before the

learned District and Sessions Judge, Yadgiri, challenging

the order dated 19.02.2021 passed by the learned

Magistrate in Crime No.3/2021. The said revision petition

also came to be dismissed vide order dated 07.03.2022.

However, it is observed that the order will not come in the

way of the revision petitioner to file necessary application

in the pending S.C.No.56/2021, claiming both gold

ornaments and silver articles in question.

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6.

Being aggrieved by the impugned orders

passed by both the learned Magistrate as well as the

learned Sessions Judge, the informant is before this Court

seeking interim custody of the valuables.

7.

Heard Sri Sanjay A. Patil, learned counsel for

the petitioner and Sri Prakash Yeli, learned Additional State

Public Prosecutor for the respondent-State. Perused the

materials on record.

8.

Learned counsel for the petitioner submitted

that even the Investigating Officer submitted no objection

for releasing the gold and silver ornaments to the interim

custody of the informant. The accused have not claimed

ownership over the same. There are no rival claimants. But

still, both the Courts have rejected the application, only on

the ground that the informant is the native of State of

Rajasthan and if the valuables are returned to his interim

custody, there is every possibility of he not producing the

same before the Court during the trial and the trial in the

case may hamper. Therefore, the claim of the informant

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for interim custody of the valuables is rejected only on

flimsy grounds. Hence, he prays for allowing the petition in

the ends of justice.

9.

Per contra, learned High Court Government

Pleader submitted that the learned Public Prosecutor

before the Sessions Court submitted no objection for

allowing the