HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous (Petition) No. 1863/2021 Shri Surendra Vimalchand Rathore Son Of Shri Vimalchand Chunnilal Rathor, aged about 55 yeras, Proprietor 'Yash Gold", 105, Dhanji Street, Ground Floor, near Jevari Bazar, Mumbai ----Petitioner Versus State of Rajasthan through P.P. ----Respondent For Petitioner(s) : Mr. Rajneesh Gupta, Adv. Mr. Rahul Sharma, Adv. Mr. Lokendra Kumar, Adv. For Respondent(s) : Mr. Vivek Sharma, Addl.G.A. Mr. Devi Singh, Dy.G.A. HON'BLE MR. JUSTICE ASHUTOSH KUMAR Order 22/08/2025 1. This petition has been filed under Section 482 Cr.P.C against the order dated 09.02.2021 passed by learned Additional Sessions Judge, No.3, Ajmer (hereinafter referred to as 'Revisional Court') in Revision Petition No.01/21 by which the learned Revisional Court upheld the order dated 13.01.2021 passed by learned Additional Chief Judicial Magistrate (Railway), Ajmer (hereinafter referred to as 'trial Court') in FIR No.5/2019 registered at Police Station, GRP, Chittor by which the application for giving ornaments to the petitioner on interim custody was dismissed. 2. The learned trial Court dismissed the application on the ground that the investigation was still pending and Revisional Court was also of the view that because the investigation was going on, therefore, at the stage of investigation and before (2 of 2) [CRLMP-1863/2021] submitting of the charge-sheet the application for giving ornaments to the petitioner was premature. 3. Learned counsel for the petitioner submits that now the charge-sheet in this matter has been filed. Therefore, the petition may be disposed of giving direction to the concerned trial Court to decide the application afresh for seeking custody of the ornaments seized in this matter within a period of one month. 4. In that view of the matter, the petition is disposed of giving direction to the concerned trial Court to decide the application of the petitioner for seeking custody of the ornaments seized in this matter afresh after giving opportunity of hearing to both the parties within a period of one month after receipt of the certified copy of this order. 5. With the above direction, the petition is disposed of. (ASHUTOSH KUMAR),J TANISHA /30