Neutral Citation No. - 2025:AHC-LKO:9231 Court No. - 14 Case :- CRIMINAL MISC. WRIT PETITION No. - 1008299 of 2013 Petitioner :- Manmohan Singh Respondent :- State Of U.P. Thru Prin. Secy. Deptt. Of Home Civil Sectt. Counsel for Petitioner :- Ashok Kumar Srivastava,Ajay Pratap Singh Counsel for Respondent :- Govt. Advocate Hon'ble Subhash Chandra Sharma,J. Heard learned counsel for the petitioner, learned A.G.A. and perused the record. The present petition has been filed by the petitioner with following relief: "(i) Issue a writ order or direction in the nature of Certiorari quashing the impugned order dated 06.01.2011 passed by the Additional Sessions Judge (FTC), Court No. 9, Pratapgarh and otehr dated 12.01.2010 passed by the Additional Civil Judge (J.D.)/Judicial Magistrate, Court No. 18, Pratapgarh as contained. (ii) Issue a writ, order or direction in the nature of Mandamus directing the court below to release the recovered stolen property in favour of the petitioner. (iii) issue a writ order or direction in any nature which this Hon'ble court may deem fit and proper under the circumstances of the case." It is submitted by learned counsel for the petitioner that in this case, his mother lodged an F.I.R. for theft in her house as Crime No. 365 of 2009, under Sections 457, 380, 411 IPC, Police Station Ashpura Devsara, District Pratapgarh. Police recovered the jewellery from the possession of accused persons and that is kept in police malkhana. For release of aforesaid jewellery, an application was moved before the learned court of Magistrate but it was rejected. Against the order passed by learned court, criminal revision was preferred but learned revisional court also dismissed the revision on 6.1.2011. Further it is submitted that the articles kept in the police malkhana belonged to the petitioner who is son of the informant who has already died. The articles are kept in the police malkhana, therefore, be released in his favour in pursuance to the order passed by the Hon'ble Supreme Court in the case of Sunderbhai Ambalal Desai and others Vs. State of Gujarat, AIR2003SC636. It is also submitted that learned trial court as well as the learned revisional court did not consider the law as laid down by the Hon'ble Supreme Court in the case of Sunderbhai Ambalal Desai (supra) but passed the orders against the law, therefore, request to set aside the order and allow the petition. Learned A.G.A. opposed the prayer as aforesaid. On considering the facts and circumstances of the case, submissions made by learned counsel for the petitioner as well as learned A.G.A. perusal of record, the orders passed by learned Magistrate as well as learned revisional court and observation made by Hon'ble Supreme Court in Sunderbhai Ambalal Desai (supra) case, the orders passed by learned courts cannot be said to be lawful, therefore, are liable to be set aside. As a result orders dated 12.01.2010 and 06.01.2011 are hereby set aside and petition is allowed. Learned trial court is directed to decide afresh the application for release of articles, if filed by the heir of Sarswati Devi, the informant who is already dead, in the light of observation as made by the Hon'ble Supreme Court in the aforesaid case. Order Date :- 13.2.2025 Anurag Singh Digitally signed by :- ANURAG SINGH High Court of Judicature at Allahabad, Lucknow Bench