SURESH MITTHALAL SHAH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This petition under Section 482 Cr.P.C. has been filed with the prayer to set aside the orders dt. 8/3/07 passed by Additional District & Sessions Judge [Fast Track] No. 4, Jaipur City, Jaipur in Revision No. 40/07 whereby revision petition filed against the order dt. 6/2/07 passed by Additional Chief Judicial Magistrate, Jaipur City, Jaipur in Case No. 128/03, has been dismissed upholding the order passed by the Trial Court.

(2.) Facts in brief are that petitioner lodged an FIR in GRP Police Station, Jaipur on 28.10.02 stating therein that he was doing business in the name & style of Rampratap Katta Jewellers, Parli 31/32, Johari Bazar, Mumbai. In connection with business he had telephonically intimated M/s. Rampratap Katta Jewellers, Jaipur that he was in need of gold biscuits and for that purpose he was sending Suresh Rawal, Dalpat Singh, Jitendra Singh, the above persons took the gold biscuits as per talks between complainant and Jeweller at Jaipur. Subsequently, one of the persons named Jitendra Singh telephoned him that they were being chased by some miscreants. It was also intimated on phone that Dalpat Singh & Suresh were taken by the miscreants with them. It is also alleged in the complaint that complainant intimated on phone that he was lodging FIR in relation to alleged robbery and also about the fact that Suresh Rawal is absconding and his brother intimated that Suresh is not a thief. On the above report, FIR No. 301/02 was registered under Section .406 and after completion of investigation, charge sheet was filed against 13 accused under Sections 406, 365, 394, 392, 407, 120B IPC and also under Sections 406, 407, 365, 392, 394 & 120B IPC. After completion of trial, 12 accused have been convicted and sentenced by learned trial court vide order dt.20th January, 2007.

(3.) During the pendency of trial, application was moved for Supurdagi of gold biscuits which was declined and ultimately the matter came up in revision petition filed before this Court bearing No. 178/03, Suresh Mitthalal Shah v. State of Rajasthan and the same was decided on 1st May, 2003. This Court finding that order in relation to bank guarantee for the purpose of releasing the gold biscuits in favour of petitioner, the order passed by learned trial court was not required and this Court while allowing the revision petition, ordered that condition of bank guarantee stands deleted and the goods would be given on Superdagi on furnishing a surety bond of Rs. 50 lacs as ordered by the trial court. The trial court was also directed to conclude the trial. It appears that again Misc. Petition No. 1618/05, Suresh Mitthalal Shah v. State of Rajasthan came to be decided by this Court on 28th February, 2006 wherein the grievance was that the trial could not be completed and as the petitioner was only the claimant of gold biscuits and he being a businessman, his capital was blocked. This Court while disposing of writ petition ordered that trial be concluded within a period of six months, but, permission to sale the gold biscuits was declined. This order was passed on 28th February, 2006. The petitioner has again now first approached the trial court and the trial court vide order dt.6th February, 2007 refused to grant permission to sale the gold biscuits. The order was challenged before revisional court, but the revisional court also rejected the prayer made by the petitioner in the revision vide order dt.8th March, 2007. Hence, this petition has been filed.