HOSIHYAR SINGH Vs. ANITA

JUDGEMENT

(1.) The present petition is preferred by the petitioner accused Hoshiyar Singh assailing the impugned order dated 10.02.2016 passed by learned Additional Sessions Judge, Khetri in criminal revision petition No. 5/2016 by which learned Revisional Court while dismissing the revision petition affirmed order dated 22.12.2015 passed by learned Judicial Magistrate, Buhana in criminal case no. 968/2015 (State v. Dharamveer Singh and ors.) (Criminal misc. case no. 628/2015 (FIR No. 184/2015, PS, Buhana, Dist., Jhunjhunu) offences under Section 498A, 406 and 323 I.P.C.

(2.) The brief facts of the case are that the respondent No. 1 complainant lodged a report at PS, Buhana, Dist., Jhunjhunu on which FIR no. 184/2015 under Section 323, 498A, 406 I.P.C. was registered. During investigation of said FIR, the vehicle swift desire V.D.I. Car no. HR-34-G-7455 was seized by the Investigating Officer. Two applications for supurdaginama of said car were submitted before learned judicial Magistrate, Buhana. For supurdaginama of the said car one by the petitioner Hoshiyar Singh and another by Respondent no. 1 complainant Smt. Anita, after hearing on both the applications, learned Magistrate vide order dated 22.12.2015 dismissed the application of the present petitioner and allowed the application of respondent no. 1 and ordered to release the said car on supurdaginama in favour of the respondent no. 1 complainant.

(3.) The said order dated 22.12.2015 was assailed in the revision petition by the petitioner Hoshiyar Singh. The revision petition was again dismissed vide impugned order dated 10.02.2016 (Annex.-3) by the learned Additional Sessions Judge, Khetri, Rajasthan. Aggrieved by the said orders, petitioner moved this misc. petition before this Court.