MAHENDRA KUMAR Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Instant petition has been filed by petitioner under Sec. 482 CrPC, challenging the order dtd. 1/4/2024 passed in case No.51/2024 by the Additional Sessions Judge, Bhawani Mandi, District Jhalawar whereby application to release the mobile phone of petitioner seized in connection with FIR No.99/2023 registered at Police Station Dug, District Jhalawar under Sec. 341, 307, 324, 326 411 and 120B IPC and Ss. 5/27, 3/25, 5/25 of the Arms Act, has been dismissed.

(2.) Heard counsel for parties and perused the material available on record.

(3.) Counsel for petitioner submits that during investigation in the aforesaid FIR, mobile phone Android One Note Plus Note CE 5G of petitioner has been seized. Now the investigation is complete and the mobile is laying in custody of the police for no use. If there is any connecting or incriminating evidence is in the mobile, the data of the same can be saved, but mobile instrument may be released to petitioner on supurdgi as in absence of same, petitioner is facing hardship in performing his day to day workings. Reliance has been placed on Sunderbhai Ambalal Desai v. State of Gujarat [(2002) 10 SCC 283].