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2022 DIGILAW 1289 (RAJ)

Samudeen Bhai v. State Of Rajasthan

2022-04-25

NARENDRA SINGH DHADDHA

body2022
JUDGMENT 1. This Criminal Miscellaneous Petition has been filed under Section 482 Cr.P.C. against the order dated 22.01.2021 passed by learned Additional Sessions Judge No.1 Beawar, District Ajmer in Criminal Revision Petition No.26/2020 (Samudeen Bhai Vs. State of Rajasthan) uphelding the order dated 14.12.2020 passed by learned Additional Civil Judge and Judicial Magistrate No.1 Beawar City, Ajmer in FIR No.45/2020 registered at Police Station Jawaja, District Ajmer whereby the application filed by the petitioner for Supurdgi Woods was rejected. 2. Learned counsel for the petitioner submits that petitioner had purchased the kherwood vide invoice No.69 dated 10.02.2020 but Police Authorities wrongly seized the kherwood. Learned counsel for the petitioner also submits that petitioner filed an application before learned trial court for taking the wood on Supurdgi but trial court vide order dated 14.12.2020 has wrongly dismissed the said application. Learned counsel for the petitioner also submits that petitioner had filed revision against the said order before learned Additional Sessions Judge No.1 Beawar, District Ajmer who vide order dated 22.01.2021 dismissed the revision petition. Learned counsel for the petitioner also submits that kherwood are lying in open place at Police Station. They would be destroyed by weather. No useful purpose would be served to retain them in the Police Station. So, the order of learned trial court as well as revisional court be set aside. 3. Learned Public Prosecutor has opposed the arguments advanced by learned counsel for the petitioner and submitted that orders of learned trial court as well as revisional court do not suffer from any illegality or infirmity. So, petition filed by the petitioner be dismissed. 4. I have considered the arguments advanced by learned counsel for the petitioner as well as learned Public Prosecutor and perused the impugned orders. 5. It is an admitted position that petitioner had purchased the kherwood vide invoice No.69 dated 10.02.2020. Conclusion of trial will take time. If kherwood are lying in open place at Police Station, that will certainly destroyed by weather conditions. So, in the interest of justice, I deem it proper to allow the petition filed by the petitioner. 6. Petition filed by the petitioner is allowed. The orders of learned trial court as well as revisional court are set aside and learned trial court is directed to release the kherwood on Supurdgi of his satisfaction.