N.V.ANJARIA,J. - (1.)Learned Additional Public Prosecutor Mr.Rutvij Oza waives service of notice of Rule on behalf of respondent No.1-State.
1.1 Heard learned advocate Mr.Shakeel Qureshi for the petitioner and learned Additional Public Prosecutor Mr.Rutvij Oza for the respondent-State.

(2.)The petitioner has prayed for setting aside order dated 01st August, 2012 passed by learned Judicial Magistrate First Class, Anjar-Kutch in Criminal Miscellaneous Application No.212 of 2012, as also order dated 03rd November, 2012 of learned 8th Additional Sessions Judge (Ad-hoc), Gandhidham (Anjar)-Kutch in Criminal Revision Application No.67 of 2012 whereby Revision Application was rejected and order of learned Judicial Magistrate First Class came to be confirmed. By the said orders, the courts below refused to allow custody of the muddamal vehicle to the petitioner.
(3.)A First Information Report No.226 of 2012 was registered with Anjar Police Station. It was alleged that on 05th August, 2012 around 05.00 a.m. when Police Sub Inspector was petrolling on the highway, he show two trucks loaded with iron scraps were lying, and also lying a while coloured Jeep car. One person was unloading scrap from truck into the jeep. The two trucks came to be seized and also seized the make Max Jeep bearing Registration No.GJ-12-AU- 2262.
3.1 A First Information Report was registered with Anjar Police Station on 05th July, 2012 in respect of offence under Sections 379, 411, 413, 120-B and 34 of the Indian Penal Code, in which three persons were named as accused. The petitioner was not named as an accused.

3.2 The petitioner herein claiming to be the owner of the said Jeep car, filed Criminal Miscellaneous Application No.212 of 2012 under Section 451 of the Code of Criminal Procedure for release of the muddamal vehicle. Learned Judicial Magistrate First Class, Anjar dismissed the application. Criminal Revision Application No.67 of 2012 preferred by the petitioner was also not entertained by learned 8th Additional Sessions Judge )(Ad-hoc), Gandhidham (Anjar), Kutch, which brought the petitioner before this Court by means of the aforesaid application. Notice was issued on 07th January, 2013.