[2025:RJ-JD:23426]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Misc(Pet.) No. 3058/2025 Radhakishan S/o Hemaram, Aged About 33 Years, R/o Berasar, Tehsil Jayal, District Nagour.

----Petitioner Versus State Of Rajasthan, Through Pp ----Respondent For Petitioner(s) : Mr. Jagdish Singh For Respondent(s) : Mr. Shri Ram Choudhary, PP HON'BLE MR. JUSTICE KULDEEP MATHUR

Order

14/05/2025

1. By way of filing the present criminal misc. petition under Section 528 BNSS, the petitioner has prayed for the following reliefs:-

“It is therefore most respectfully prayed that this misc. petition filed by the petitioner may kindly be allowed and the impugned order dated 21.01.2025 passed the learned Additional District & Sessions Judge, Jayal, District Nagour In Supurdaginama Application No.02/2025 (Sessions Case No.140/2023) offences punishable under Sections 143, 323, 302, 307, 427, 120-B of Indian Penal Code & under Sections 3/25 of the Arms Act, may kindly be quashed and set- aside and application under Section 451 Cr.P.C. filed by the Petitioner may kindly be allowed as prayed for. Any other relief, which your Lordships may deem just and proper in the facts and circumstances of this case, may also kindly be issued in favour of the petitioner.”

2. Learned counsel for the petitioner submitted that if the mobile phone (Oppo. Reno 7 pro, IMEI Nos.865084052976378 & 865084052976360) which he had purchased on 11.03.2022 from Degana seized by the investigating agency is not released in favour of the petitioner, the same shall remain unuseful.

3. Learned counsel submitted that apart from the petitioner, no other person is claiming the ownership of the seized mobile phone. The evidence of prosecution has already been completed before the competent criminal Court and, therefore, now there is no apprehension of petitioner tampering with the evidence. On these grounds, learned counsel prayed that the impugned order dated 21.01.2025 passed by the competent criminal Court may be quashed and set aside and the mobile phone mobile phone (Oppo. Reno 7 pro, IMEI Nos.865084052976378 & 865084052976360)

may be released in favour of the petitioner.

4. Learned Public Prosecutor was not in a position to refute the above position.

5. Heard learned counsel for the parties. Perused the impugned order dated 21.01.2025.

6. In view of aforesaid submissions made at the Bar, the present criminal misc. petition filed on behalf of the petitioner under Section 528 BNSS is allowed and the learned trial Court is directed to release the mobile phone (Oppo. Reno 7 pro, IMEI Nos.865084052976378 & 865084052976360) seized by the investigating agency in favour of the petitioner by imposing the following conditions:-

A. The petitioner shall keep the mobile phone (Oppo. Reno 7 pro, IMEI Nos.865084052976378 & 865084052976360) intact and shall not change its configuration.

B. The petitioner shall produce the mobile phone (Oppo. Reno 7 pro, IMEI Nos.865084052976378 & 865084052976360) as and when the learned trial Court requires the same for proposed identification of the case properly.

C. The petitioner shall execute Supurdaginama and bonds by two sureties to the satisfaction of the learned trial Court.

D. The petitioner shall otherwise not part with; or convert it, by any of his act or omission to such state which would amount to it being rendered useless; or make its contents inaccessible; till the final disposal of the case.

E. The learned trial Court shall be empowered to impose any other conditions, which it may deem fit at the time of release of the mobile phone (Oppo. Reno 7 pro, IMEI Nos.865084052976378 &

865084052976360).

7. Stay application and other applications, if any, shall also stand disposed of.

(KULDEEP MATHUR),J

103-himanshu/-