VAMAN NARAYAN GHIYA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS Criminal revision petition under Section 397 Cr. P. C. has been filed by the accused petitioner against the order dtd. 13. 4. 2004 passed by the learned Additional Sessions Judge (Fast Track), Chittorgarh in Sessions Case No. 130/2003 by which he ordered that charges for offence under Section 411, 413 and 120b be framed against the present accused petitioner as well as other accused persons, namely, Manoj, Badal, and Madan Mohan and also directed framing of charges against Virdi Chand for offences under Sections 411, 413, 120b under Section 379-401 I. P. C.

(2.) IT arises in the following circumstances: i) On 18. 2. 1998, one Deep Chand lodged a report in the Police Station Rawat Bhata District Chittorgarh stating inter alia that on the night of 15. 2. 1998, idol of Natraj had been stolen away from the temple and upon this, a case for the offence under Section 379 I. P. C. was registered and FIR No. 41/98 was chalked out and investigation was started. ii) During investigation of the case, the accused petitioner was got arrested on 14. 8. 2003 and other accused persons, namely, Manoj, Badal, Madan Mohan and Virdi Chand were also got arrested. iii) During investigation, the police found that duplicate stolen idols were got prepared by the accused petitioner and some other accused persons so that fact of stolen of original idols might remain in secret. The alleged duplicate idol of Natraj was seized by the police on 13. 11. 1998 and the original idol was first sold to Madan Lal, Manoj and Badal and thereafter it was purchased by the accused petitioner for a consideration of Rs. 20 lacs and thereafter the accused petitioner sold it to Kasmin, an English people for a heavy consideration and for the recovery of original idol, which is at present lying at London, proceedings under Section 166a Cr. P. C. have been initiated by the Police. iv) The police further came to the conclusion that the accused petitioner along with other accused persons was dealing with sale and purchase of stolen idols and he used to sell them for a valuable consideration. v) After usual investigation, the police submitted challan for the offences under Sections 379, 401, 411, 413 and 120b I. P. C. against the accused petitioner and other accused persons in the Court of Magistrate and from where the case was committed to the Court of Sessions. vi) Thereafter the learned Additional Distt. Judge (Fast Track), Chittorgarh through order dtd. 13. 4. 2004 directed framing of charges against the accused petitioner and other accused persons as stated above and this order dtd. 13. 4. 2004 has been challenged in this revision petition.

(3.) THERE is another statement of Abhay Singh recorded by the Police under Section 161 Cr. P. C. and he has stated that he had remained driver with the accused petitioner since 1984 to 2000 and he has further stated that the accused petitioner used to deal with the sale and purchase of stolen idols etc. He has also admitted the fact that the accused petitioner gave order for preparing duplicate idol of Natraj and the accused petitioner used to purchase stolen idols.