2006 Supreme(Raj) 2879
R.S.CHAUHAN
Rajesh Kumar – Appellant
Versus
State of Rajasthan – Respondent
Advocates:
For the Petitioner:D.S. Poonia, Advocate.
For the State: Arun Sharma, P.P.
For the Non-petitioner:R.B. Mathur, Advocate.
JUDGMENT
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 IPC 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
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