[1] IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH, JAIPUR O R D E R S.B. CRIMINAL MISC. PETITION NO. 2115/2006 SHIV SINGH Vs. THE STATE OF RAJASTHAN Date: 04.02.2008. HON'BLE MR. JUSTICE K.S. RATHORE Mr. H.S. Bikarwar for the complainant-petitioner. Mr. Arun Sharma, Public Prosecutor for the State. **** The present criminal misc. petition under Section 482 Cr.P.C. is directed against the order dated 28.07.2006 passed by the Revisional Court i.e. Additional Sessions Judge, Laxmangarh, Alwar as also the order dated 19.05.2004 passed by the trial Court i.e. Civil Judge (Jr. Division) & Judicial Magistrate, Kathumar. Vide order dated 19.05.2004, the trial Court accepted the F.R. No. 8/2004 and dismissed the protest petition filed by the complainant-petitioner, against which the petitioner filed a criminal revision which came to be dismissed by the Revisional Court vide its order dated 28.07.2006. Learned counsel for the petitioner referred some witnesses and upon careful perusal of both the [2] impugned orders, it appears that both the Courts below have not properly appreciated the witnesses and passed the orders impugned. Therefore, without expressing any opinion on the merits of the case, this Court deem it proper to quash and set-aside the order impugned passed by the trial Court dated 19.05.2004 and the order dated 28.07.2006 passed by the Revisional Court and remand the matter back to the trial Court for fresh adjudication and shall pass fresh order after appreciating the evidence/statements. With these observations, the criminal misc. petition stands allowed. Record of the Court below be sent back forthwith. (K.S. RATHORE)J. /KKC/