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2023 Supreme(Raj) 1556

MANOJ KUMAR GARG
Balwant Ram – Appellant
Versus
State of Rajasthan – Respondent


Advocates appeared:
Mr. D.S. Gharsana, Advocate, for the Appellant; Mr. Mukesh Trivedi, PP, for the Respondent.

ORDER

1. Instant misc. petition has been filed by the petitioner under Section 482 Cr.P.C against the order dated 21.02.2019 passed by learned Additional District and Sessions Judge, Gharsana, District Sriganganagar whereby , the learned revisional court dismissed the revision petition and affirmed the order passed by learned Judicial Magistrate, Gharsana dated 06.03.2018 allowing the application filed by prosecution under Section 65 of Evidence.

2. Brief facts of the case are that the respondent no.2 lodged a FIR against the petitioner and Shiv prakash (died) stating therein that the petitioner stole five khejari trees which were lying in Killa NO. 3 and 4 of Square No. 97/28. These trees were seized by the Land Record Inspector, Rawla and the complainant was directed to visit the place and make site plan. The complainant visited the place and made a site plan and upon his report, FIR No. 135/2005 came to be registered at Police Station Rawla for offence under Section 379 IPC. After investigation, the police filed negative Final report. the complainant filed a protest petition and after recording his statement, the learned trial court took cognizance against the petitioner and Shiv

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