Judgment :- 1. This Criminal Revision Petition has been filed seeking an order to set aside the order, dated 3. 2004 made in Crl.M.P.No.5133 of 2003, in C.C.No.354 of 2003 on the file of the Judicial Magistrate No.II, Pondicherry. 2. It is seen that a Petition was filed by the petitioner/third party under Section 452 of the Code of Criminal Procedure, wherein the petitioner herein had sought an order directing the delivery of the articles recovered under CP 235/2002, dated 18. 2002 and CP 248/2002, dated 18. 2002 to the petitioner. 3. According to the petitioner, the second respondent/accused had received Rs.6 lakhs from the petitioner promising to secure a seat in the Medical College for the son of the petitioner and the second respondent/accused was convicted and sentenced to undergo imprisonment. On the aforesaid facts and circumstances, the Petitioner who was examined as P.W.9 has not specifically stated as to what are the properties that were illegally taken by the accused from the custody of the petitioner. There is no evidence to establish that the properties recovered from the second respondent/accused were the properties of the petitioner herein. 4. In the aforesaid circumstances, this Court is of the view that the petitioner is not entitled to get an order for return of the properties that were recovered from the second respondent/accused herein and hence, the Revision preferred by the Petitioner is not legally sustainable and accordingly, the Criminal Revision Petition is dismissed. 5. Mr. N. Doraisamy, learned counsel appeared for the Second Respondent as Legal Aid Counsel and the learned counsel argued on behalf of the Second Respondent, who was the convicted accused and hence, he is entitled to remuneration as per Rules.