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SUKHVINDRA SINGH v STATE - CRLMP Case No. 1040 of 2007  RD-RJ 3868 (9 August 2007)
S.B.CRIMINAL MISC. PETITION NO.1040/2007
Date : 09.08.2007
HON'BLE MR. SATYA PRAKASH PATHAK, J.
Mr. R.K. Charan for the petitioner.
Mr. Ashok Upadyay, Public Prosecutor.
By moving the present criminal misc. petition under
Section 482 Cr.P.C., the petitioner has challenged the order dated 04.04.2007 passed by learned Judicial Magistrate, First Class,
Chittorgarh in FIR No.69/2007 Police Station, Chandariya , whereby the learned trial court has rejected the application of the petitioner filed under Section 457 Cr.P.C. for releasing the liquor on 'Supurdignama'. The said order was challenged before the learned Additional Sessions Judge No.1, Chittorgarh in Criminal
Revision No.13/07, who dismissed the revision petition filed by the petitioner. Hence, the present misc. petition has been filed.
Heard learned counsel for the petitioner.
It has been pointed out that the charge-sheet in this case has been filed before the learned trial court. Learned counsel during the course of argument tried to show some documents which are relevant. He submits that permission be granted to produce the documents before the learned trial court for the fresh decision on the application filed for giving the liquor on 'Supurdginama'.
In the above circumstances, the matter requires to be examined afresh by the learned trial court in the light of the documents, if any filed by the petitioner along with the proper application in this regard.
The misc. petition stands disposed off with liberty to the petitioner to move fresh application before the learned trial court and if any such application is filed, the learned trial court decide the same in accordance with law in the light of the documents, if any filed by the petitioner.
(SATYA PRAKASH PATHAK), J. vij
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