[1] IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH, JAIPUR O R D E R S.B. CRIMINAL MISC. PETITION NO. 1245/2006 PYARELAL & ORS. Vs. STATE OF RAJASTHAN Date: 06.02.2008. HON'BLE MR. JUSTICE K.S. RATHORE Ms. Saroj Choudhary for the petitioner. Mr. Arun Sharma, Public Prosecutor for the State. **** The petitioners at the outset submits that at the time of passing of the order impugned dated 06.06.2006, the petitioners were not able to file affidavits of Devkaran and Sumer along with registration certificate of their tractor before the Sessions Judge, Jhunjhunu In the considered view of this Court, such affidavits cannot be appreciated at this stage but in the interest of justice, the matter is remanded back to the learned Sessions Judge, Jhunjhunu for fresh consideration of affidavits and in the light of the affidavits filed by Devkaran and Sumer, shall consider the matter afresh after providing opportunity to the parties to represent their case regarding genuineness and correctness of the affidavits. The petitioners are [2] at liberty to file the same before the learned Sessions Judge, Jhunjhunu, who shall pass fresh order so far as the present petitioners Pyarelal, Rajendra and Shishpal are concerned. Therefore, the order impugned dated 06.06.2006 passed by the Sessions Judge, Jhunjhunu is hereby quashed and set-aside so far as the present petitioners are concerned with the direction to decide the matter afresh as observed herein above. The criminal misc. petition stands disposed of. (K.S. RATHORE)J. /KKC/