1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR ORDER S.B.CRIMINAL MISC. PETITION NO. 1002/2007 (Mahesh Kumar Purohit V/s State of Rajasthan) Date of Order : 17/07/2007 PRESENT HON'BLE MR. JUSTICE H.R.PANWAR Mr. P.C.Solanki, for the petitioner. Mr. Ashok Upadhyay, P.P. BY THE COURT:- Issue notice for final disposal. Learned public prosecutor is directed to accept notice, he accepts the notice for the State. By the instant criminal misc. petition under Section 482 Cr.P.C., the petitioner has challenged the order dated 3.7.2007 passed by Judicial Magistrate, Chittorgarh (for short 'the trial court' hereinafter) in Criminal Case No. 152/2007 whereby the application filed by the petitioner under Section 457 Cr.P.C. for releasing the wood was dismissed. Heard learned counsel for the petitioner and public 2 prosecutor for the State. Perused the order impugned. It is contended by learned counsel for the petitioner that the petitioner is owner of the wood seized by the forest authorities. From the perusal of the order of the trial court, it no where appears that any document has been produced by the petitioner showing himself to be the owner of the wood. From the documents which have been placed before this Court also it is clear that the owner of the wood is alleged to be one Nathu Singh. However, the petitioner claims to be the owner. In the circumstances, therefore, the petitioner is permitted to move a fresh application along with his title of the wood in question. The criminal misc. petition is therefore, dismissed with the liberty to the petitioner to move a fresh application before the trial court. (H.R.PANWAR),J. rp