ASGAR Vs. STATE THRU C B I DELHI

JUDGEMENT

(1.) The Petitioner, in these proceedings under Section 482 Code of Criminal Procedure, seeks quashing of the order dated 19.9.2005 of the Special Judge and also quashing of the committal proceedings. A direction to the learned Chief Metropolitan Magistrate to comply with the provisions of Section 306(4)(a) Cr.P.C. and record the statement of the approver Jhanna Lal have also been sought.

(2.) A First Information Report (FIR) was lodged on 26.8.1981 under provisions of Antiquities and Art Treasure Act and Section 411 of the Indian Penal Code (IPC). Initially the Petitioner was not named in the FIR. The Central Bureau of Investigation (CBI) was given charge of the proceedings. After investigations it filed a charge sheet. The initial case and CBI case were amalgamated/ clubbed together on 28.8.1987 by the Magistrate who had exercised jurisdiction of the matter.

(3.) The allegations in the proceedings are that accused Shrikant Jain (A-1) in conspiracy with some others including Chadi Lal @ Ramesh, (A-2), Kanshi Nath (A-3), Jhanna Lal (A-4) and Dulal Chakraborty @ Dinesh (A-6) caused theft of the Antique Idol of Godess Durga, which had been installed in an old temple Takashakeshwar Mahadev at Allahabad. The Idol was allegedly sold to A-1 through Kanshi Nath. It was further alleged that the idol was broken into four pieces with the help of an artisan and transported along with 14 other antiquities. A- 1 allegedly tried to board an international flight to the United States of America with the antiquities and suspecting that he would be caught and arrested, fled the place. His baggage was recovered and after investigations, the CBI lodged an FIR, alleging commission of offence under Section 380 IPC.