Rajasthan High Court - Jaipur
Santosh Kumar S/O Ratan Lal B/C Brahmin vs State Of Rajasthan on 18 August, 2018
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Criminal Miscellaneous (Petition) No. 4503/2018
Santosh Kumar & Ors.
----Petitioner
Versus
State Of Rajasthan & Anr.
----Respondent
For Petitioner(s) : Mr. JK Moolchandani
For Respondent(s) : Ms. Meenakshi Pareek PP
HON'BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA
-/Order/-
18/08/2018
The present petition has been filed under Section 482
Cr.P.C. seeking quashing of FIR No. 372/2018 dated 26.2018
registered at Police Station Mathura Gate, Bharatpur for the
offence under Section 17 of Rajasthan Monuments, Archaeological
Sites and Antiquities Act 1961.
Head Constable, Bhagat Singh, Police Station Mathura
Gate, Bharatpur is present in the court. He has produced file of
the case.
Ms. Meenakshi Pareek, learned Public Prosecutor after
going through the contents of FIR, stated that the petitioners have
constructed a toilet in Kishorei Mahal, situated in Bharatpur, and
as per Government Notification, the same has been declared as
Archaeological site.
Mr. JK. Moolchandani, the learned counsel for the
petitioners has stated at Bar that no toilet has been constructed
by the petitioners and they have no objection if the said toilet is
(2 of 3) [CRLMP-4503/2018]
removed by the authorities after taking recourse to Section 133
Cr.P.C.
Ms. Meenakshi Pareek, the learned Public Prosecutor
has contended that within one week, an application for removal of toilet under Section 133 Cr.P.C. shall be filed as the said toilet in the archaelogical site, which has historical value, is an encroachment causing nuisance.
The learned counsel for the petitioners has contended that the toilet belongs to Devasthan Department, Bharatpur. The learned counsel for the petitioners has further submitted that police has already issued notice to the Devasthan Department.
Any claim laid by Devasthan Department shall pale into insignificance because of the Notification issued by the Government. If Devasthan Department has any grievance, they can challenge the Notification in the court of law but as on today, the petitioners, being alleged encroachers cannot continue with the possession on the land on the pretext that it belongs to Devasthan Department. The controversy further comes to an end when the petitioners themselves have specifically stated that they are not in possession of the said premises and the toilet has not been constructed by them.
After hearing the learned counsel for the petitioners and the learned Public Prosecutor, it is ordered that upon filing of the application by the police under Section 133 Cr.P.C. within one week as stated by learned Public Prosecutor, the concerned SDM shall pass appropriate orders after hearing all concerned for removal of the encroachments in Kishori Mahal, a historic monument.
(3 of 3) [CRLMP-4503/2018] To await orders from the SDM, list this case on 24.9.2018. Since petitioners have assured this Court that they shall facilitate removal of the toilet, after hearing the learned Pubic Prosecutor, it is ordered that till next date, arrest of the petitioners be kept in abeyance.
A copy of this order under the seal and signature of the Court Master be handed over to the learned Public Prosecutor for onward transmission and necessary compliance.
(KANWALJIT SINGH AHLUWALIA),J Mak/-
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