VAMAN NARAYAN GHIYA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) SINCE both the aforesaid petitions filed under Section 482 pertain to quashing FIR No. 33/2006 registered at police station Nihalganj, Dholpur for the offence under Section 380 of IPC, they are being disposed of by this common order.

(2.) THE relevant facts giving rise to these petitions are set out in nub as under :-That a report came to be lodged at police station Vidhyadhar Nagar, Jaipur on 6-6-2003 by one Ram Singh, Circle Inspector, police station Vidhyadhar Nagar, Jaipur. The said report was registered as FIR No. 146/2003 for the offences punishable under Sections 379, 411 and 401 of IPC. During the investigation of this case, the Investigating agency made an arrest of accused persons including petitioner Vamah Narayan Ghiya. The Investigating Officer obtained an information under Section 27 of Indian Evidence act from the petitioner and in pursuance thereof, carried out a search on 25-6-2003 of the Ware-House 'indian Craft' belonging to accused Pradeep Malhotra situated at D-21/5, Okhla, Phase-II, Delhi. During search recovery of 41 boxes was allegedly made from the aforesaid Ware-House of the Co-accused pradeep Malhotra at Delhi. These 41 boxes are said to have contained various artifacts/articles/idols which were duly seized by the investigating Agency in FIR No. 146/2003 of police station Vidhyadhar Nagar, Jaipur. After completion of investigation, the Officer in-charge of police station Vidhyadhar nagar, Jaipur submitted a charge-sheet in the offences under Sections 379, 411, 401, 413, 414 and 120-B of IPC and Sections 5, 14/25 (2) of Art and Antiquities Treasures act, 1972. However, police station Vidhyadhar Nagar, Jaipur kept the investigation pending under Section 173 (8) of Cr. P. C. on 10 points, as enumerated in the charge-sheet. Investigation on point No. 5 was kept open for the purpose of ascertaining the original place from where recovered idols and artifacts seized from the accused persons, belonged to. In due course of time, the case came up for trial before the Additional Sessions Judge (Fast Track) No. 1, Jaipur City, jaipur, who concluded the trial and delivered judgment on 20-11-2008, therein. It is found that the petitioner Vaman Narayan ghiya has been convicted in the offences under Sections 411 and 413 of IPC and Sections 3/25 (1) and 14/25 (2) of Art and Antiquities Treasure Act, 1972 (hereinafter to be referred as 'act 1972' ).

(3.) ON the other hand, one more FIR No. 33/2006 came to be registered on 30-1-2006 for the offence under Section 380 of IPC, on an information given by the complainant shri Neelam Kumar. As per the contents of fir No. 33/06 of police station Nihalganj, dholpur, many articles of historical importance and antiques had been lying since long in the basement of City Place of Dholpur. This basement was lying closed for the last 4-5 years. It is stated that on 30-1-2006 when the staff members namely Jahoor khan and Laxmi Narayan of City Palace went to clean the basement, they found the painting of his highness in Royal Attire, a painting of his Highness and her Highness in royal Attire in wooden frame, a scenery in glittering metal fixed in wooden and glass frame, a black dog, two round pot (Lotas)made of metal, one tray made of glittering metal, two owls of metal, one pig of metal and one Jar (Surahi) made of metal, missing from the basement. It was presumed that these articles had been stolen by somebody, thus, the complainant Neelam Kumar, an employee of City Palace, Dholpur lodged the fir with police station Nihalganj, Dholpur which was registered by police as FIR No. 33/06 in the offence under Section 380 of ipc. During investigation S. H. O. police station Nihalganj, Dholpur obtained production warrant of Vaman Narayan Ghiya and pradeep Malhotra from the Court of Additional Chief Judicial Magistrate, Dholpur and in pursuance thereof, arrested them on 20-2-2006 and produced them before the concerned Court. Both these accused persons have been in judicial custody in FIR no. 33/06 of police station Nihalganj, dholpur. After completion of investigation, s. H. O. police station Nihalganj, District dholpur submitted a charge-sheet against the accused persons namely Vaman Narayan ghiya, Pradeep Malhotra, Abdul Kareem alias Nanne Khan and Abid Sageer in the offences under Sections 380 and 411 of IPC. The charge-sheet reveals that the accused aju Miyan has yet not been arrested in this case and investigation has been kept pending under Section 173 (8) of Cr. P. C. against the Hari Agarwal, Haider Ali, Aju Miyan, ashok Agarwal and Jassai Brass Wala.