Himachal Pradesh High Court
Rameshwar Singh & Others vs State Of H.P on 12 May, 2015
Author: Sureshwar Thakur
Bench: Sureshwar Thakur
IN THE HIGH COURT OF HIMACHAL PRADESH
SHIMLA
.
Cr.MMO No. 79 of 2015
Date of Decision: 12.5.2015
Rameshwar Singh & Others .....Petitioners
Versus
State of H.P ....Respondent.
Coram: r
The Hon'ble Mr. Justice Sureshwar Thakur, Judge.
Whether approved for reporting?1
For the petitioners: Mr. Kulbhushan Khajuria, Advocate.
For the Respondent: Mr. Vivek Singh Attri, Deputy
Advocate General.
Sureshwar Thakur, J (oral)
A theft had occurred of four necklaces with nineteen manies, one egg of silver, one silver khagali (Haar) and one silver Dhagule (Kada) alongwith idols of ashtdhatu of Shri Devta alongwith Sh. Vasudev/Ganesh with necklace and Darotu. Consequently, the aforesaid items allegedly stolen by the accused are case property and they are 1 Whether reporters of the local papers may be allowed to see the judgment?
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required to be kept in the Malkhana concerned. However, .
since the idols of Ashtdhatu of Shri Devta alongwith Sh.
Ganesh with necklace and Darota were, in consonance with the customs and rituals prevailing in the area, enjoined to be worshiped by performance of daily prayers, as such, on an application moved before the learned Judicial Magistate Ist Class, Rohru, H.P., they were ordered to be released in favour of the petitioners herein on supardari and on their furnishing an undertaking that as and when required they would be produced before the Court. On an application having been moved by the state for their production, the learned ACJM, Court No.1, Rohru, ordered in consonance with the terms of supurdari under which they were handed over to the petitioners herein, for theirs being produced in the Court. However, through this petition, the petitioners herein, have conveyed that the deity alongwith their adornments are un-producable before the Court, as the deity has through their 'Goor' communicated a constraint in their being produced in Court. In the larger ::: Downloaded on - 15/04/2017 18:09:14 :::HCHP ...3...
interest of justice, the impugned order is interfered with and .
it is directed that the learned ACJM, Court No.1, Rohru, shall not insist upon the production of items/idols detailed in paragraph 3 of the application moved by the State, rather shall at a fixed remuneration appoint a Local Commissioner, who shall be accompanied by the prosecution witnesses, defence counsel as well as the public prosecutor, to the temple concerned where the items are kept and thereafter shall submit his report before the learned trial Court.
In view of above, the present petition stands disposed of, so also the pending applications, if any.
Copy dasti.
12th May, 2015 ( Sureshwar Thakur ),
(priti) Judge.
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