BHAGCHAND AND ORS. Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) By this criminal misc. petition, a challenge is made to the orders dated 26.07.2014, 07.02.2002, 24.08.2010, 11.11.2010 & 18.01.2011 passed by the Judicial Magistrate, Sarwar, district Ajmer and Additional Sessions Judge, Kekri dismissing the revision petition.

(2.) Learned counsel submits that an order for release of motor cycle on "Supurdgi" was passed. The petitioner/s took possession of motor cycle but he was directed to furnish copy of insurance, which was later on furnished. He could not furnish stamps of L 5/- each, as those stamps were not available. The Court had granted time but looking to the unavailability of stamps, it could not be furnished. Later on, proceedings under Section 446 of Cr.P.C. were initiated in the year 2002 but the petitioners were not knowing about those proceedings. The motor cycle so released and given on "Supurdgi" to the petitioner/s was stolen followed by FIR in the year 2004. Ignoring the aforesaid fact, the impugned orders have been passed by the Courts below whereby on account of non-production of stamps for bond, order for "Supurdgi" of vehicle was recalled followed by recovery of vehicle by seizure. The petitioner/s preferred a revision petition, however, it was withdrawn with liberty to file afresh to challenge the order dated 07.02.2002 and other orders along with application under Section 5 of Limitation Act. The revision petition was then dismissed without considering any aspect of the matter, thus the impugned orders deserve to be set aside.

(3.) I have considered the submissions made by learned counsel and perused the record.