NEK SINGH Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) This petition has been filed against the order passed by Ld. Sessions Judge, Sirmaur on 10.4.2017, dismissing Cr. Revision Petition No.7-CrR/10 of 2017, preferred by present petitioner against rejection of his application No. 35/4 of 2017, filed under Section 457 Cr.P.C., before the Ld. Chief Judicial Magistrate, Nahan for releasing his JCB Machine No. HP-18B-6678, seized during investigation of the Case FIR No. 22/17, dated 10.3.2017, registered under Sections 353, 504, 506 IPC in Police Station, Kala Amb,District Sirmaur on a complaint of one Lady Forest Guard Maneesha Sesodia against one Tarsem (brother of petitioner Nek Singh) for commission of an act with the help of JCB machine to facilitate illegal mining.

(2.) As per averments made in the petition and submissions made on behalf of petitioner, the courts below have committed illegality and injustice to the petitioner by rejecting his application for releasing of JCB Machine on the ground that prosecution has yet to prove its case against the petitioner and by the conclusion of trial, the JCB Machine, will be damaged on account of deterioration caused by idle parking of the said JCB, resulting irreparable loss and injury to the petitioner which cannot be compensated in terms of money.

(3.) Respondent-State has filed reply and also status report through SHO, Police Station, Kala Amb, District Sirmaur. On the basis of status report as well as reply filed on behalf of respondent-State, Ld. Additional Advocate General submits that petitoner Nek Ram, owner of JCB Machine is real brother of one Tarsem Singh, who is accused in present case FIR No. 22/17 and the JCB Machine in question was being used by the said Tarsem Singh for the purpsoe of illegal mining on 10.3.2017 at about 12.30 P.M. at Roon river as with the help of the said JCB machine, Tarsem Singh was filling up the ditches/pits which were dug by the Forest Department in order to prevent transportation of mines extracted through illegal mining and on noticing it, complainant-lady Forest Guard Maneesha Sasodiya tried to restrain him from doing so, whereupon, Tarsem Singh abused and pushed her, because of which, she fell down and Tarsem Singh fled from the spot with JCB Machine, whose photograph was also taken by the complainant through her mobile. According to her, he also threatened her life. It is further submitted by ld. Additional Advocate General that before this incident, both brothers (accused Tarsem Singh and Nek singh petitioner) along with JCB Machine in question and other tipper and tractor were apprehended by the police for committing the officence of illegal mining and they are habitual offenders for committing illegal mining and in case, the JCB Machine is released, the same will be again used for committing illegal minining. Details of cases registered against the accused Tarsem Singh and his brother Nek Singh (petitioner), owner of JCB, mentioned in status report, referred by the Ld. Additional Advocate General for supporting the plea of State for opposition of release of JCB in question, are as under:-