RAJESH KUMAR Vs. STATE OF RAJASTHAN AND ORS.

JUDGEMENT

(1.) The petitioner has challenged the order dated 15.6.2005 passed by the Additional District Judge (Fast Track) No. 3 Jhunjhunu (Raj.) whereby the revision petition filed by the petitioner has been dismissed.

(2.) This case has a chequered history. Therefore, it is necessary to give the facts in detail. On 11.7.2003, the non-petitioner No. 2, Sanjeev, had lodged a report with the Police Station, Gudha, District Jhunjhunu wherein he claimed that on 6.7.2003 while he was going to his maternal grand-parent's place on 6.7.2003 in his jeep, bearing Registration No. RJ-21-C-4648, he was stopped by Rajesh Kumar and Ramniwas, all residents of Vamla Ki Dhani, Tehsil Bemlas. He further alleged that he was not only assaulted by the offenders, but his jeep was also taken away by them. On the basis of the said report, a former (sic formal) FIR, FIR No. 201/2003 for the offences under Sections 341, 323, 382, 34 Penal Code was chalked out. The investigation was handed over to the S.H.O., Shri Gopal Singh. During the course of the investigation, the jeep was recovered by the police. In order to seek its Supurdgi, two applications were filed; one by the respondent No. 2, Sanjeev, and other by the petitioner. Considering the fact that the petitioner was the registered owner of the jeep, vide order date 1.9.2003, the learned Judicial Magistrate was pleased to direct that the jeep be handed over to the petitioner. The said Supurdgi was given to the petitioner on the condition that he would not alienate or transfer the said jeep, that he would produce the jeep whenever directed by the Court and that he will deposit a security of Rs. 5,00,000.00 in the Court.

(3.) Since the respondent No. 2 was aggrieved by the said order, he filed a revision petition before the District & Sessions Judge, Jhunjhunu. The case was subsequently transferred to the Additional District Judge, Jhunjhunu. Vide order dated 15.1.2004, the learned Judge remanded the case back to the learned Judicial Magistrate and directed that since a negative Final Report has been submitted by the police, the learned Judge (sic Judicial) Magistrate should hear the case on the negative Final Report, In the last line of the order dated 15.1.2004, the learned Judge was pleased to quash and set aside the order dated 1.9.2003.