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2007 Supreme(Raj) 1787

GOPAL KRISHAN VYAS
Shiv Shanker Soni – Appellant
Versus
State – Respondent


Advocates:
For the Petitioners:R.L. Jangid, Advocate.
For the Party: S.N. Tiwari, Public Prosecutor.
For the Non-petitioner No. 2:Sanjeev Johari, Advocate.

JUDGMENT

1. - By way of filing the present revision petition, the petitioners have prayed for quashing of impugned order dated 12.4.2004 passed by learned Addl. Civil Judge (Junior Division) & Judicial Magistrate, Fist Class, No.3 in FIR No.14/2003, Police Station, Udaimandir whereby the protest petition filed by the petitioners was dismissed.

2. Brief facts inter alia narrated in the revision petition are that the petitioner No.1 filed a written FIR before Police Station Udai Mandiar, Jodhpur on 9.1.2003 wherein it was alleged that an ambassador car No. RJ-19-T-1626 was purchased by the petitioner No.2 - wife of petitioner No.1. On 8.1.2003 at about 8 a.m., when his Driver Moolshanker, who was driving the car along with his two children, who were sitting in the car, were passing through Darpan Cinema, one Altaf with two-three other persons, residents of Jodhpur, asked the driver to stop the car and when he stopped the car, they forcibly pulled out the driver and his two children from the car and took away the car without giving any information with regard to reasons for taking away the car in their possession.

3. The Driver of the Car - Moolshanker informed this incident to the peti


















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