Ashok Bihari Sharan, Son of Late Sita Bar Sharan v. State of Bihar
2018-01-16
RAJEEV RANJAN PRASAD
body2018
DigiLaw.ai
JUDGMENT : Heard learned counsel for the petitioner as well as learned counsel representing the State. 2. A counter affidavit has been filed on behalf of respondent Nos. 4 & 5. Rejoinder has also been filed on behalf of the petitioner to the said counter-affidavit. 3. The grievance of the petitioner, in the present writ application, is that while the Nalanda Police recovered two idols made of ‘Astha Dhatu’, in Eksara, P.S. Ben, District-Nalanda and a question arose as to whether they are the same two idols which were stolen from the petitioner’s temple, the two police stations are not acting in coordination with each other as a result thereof the identification of the idols of Maa Janki Ji and Shri Laxman Ji which have been recovered by the Nalanda Police has not been established. 4. Learned counsel submits that a forensic examination of the idols would be required and then the same may be handed over to the petitioner’s temple at village Chandaura, P.S.-Kako, District-Jehanabad. 5. According to the petitioner earlier petitioner had submitted an information to the Ben Police Station within whose jurisdiction the idols were found but the Officer-in-Charge of the Ben Police Station did not take any effort in this regard. The Jehanabad Police, with whom a theft case was earlier registered vide Kako P.S. Case No. 50/1985, which was closed, filed an application before the learned Chief Judicial Magistrate, Jehanabad for reopening of the case. The learned Chief Judicial Magistrate, Jehanabad directed the Sub-Inspector of Police to appear physically but then neither the I.O. appeared nor any step was taken and the matter was closed. It is in these circumstances, the petitioner had to move this Court for the reliefs, as prayed for. 6. Learned counsel for the petitioner further submits that by way of a supplementary affidavit he has placed further facts whereunder it is stated that in the month of June, 2017, by virtue of news item, the petitioner came to know that the idol of Sita (Janki Ji) made by ‘Astha Dhatu’ valued at Rs. 40 Crores has been found by the Department of Custom and S.S.B. 41 near Siliguri and the said idol has been kept in the campus of North Bengal University, Siliguri (W.B.). He believes that this is the same idol which had been stolen from the petitioner’s temple. 7.
40 Crores has been found by the Department of Custom and S.S.B. 41 near Siliguri and the said idol has been kept in the campus of North Bengal University, Siliguri (W.B.). He believes that this is the same idol which had been stolen from the petitioner’s temple. 7. A counter affidavit has been filed on behalf respondent nos. 4 and 6 in which it is stated that in the report, as contained in Annexure-A, that one of the idols of Shri Ram Ji is lying in the village Eksara in the premises of Hanuman Asthan. It is also stated in the report that the idol is lying there in an unsecured condition. One of the idols of Sita Ji was stolen from there earlier. The villagers are not permitting the police authorities to keep the idol of Shree Ram Ji in the Thana premises. 8. In the facts of the present case, what appears to this court is that earlier two idols of Shri Ram Ji and Janki Jee were stolen allegedly from the village lying in the jurisdiction of Jehanabad Police Station. According to the petitioner those were found after about 28 years in village Eksara under Nalanda Police Station. One of the idols was stolen from there and the same has been recovered by Custom which is lying in the State of West Bengal. 9. One of the idols lying in the village Eksara is stated to be there in an unsecured condition, it requires petitioner to establish that those idols which are lying in village Eksara and in the State of West Bengal are the same and one idol which was stolen from his temple from Jehanabad. The authorities in whose premises one of the idols is lying in the State of West Bengal are not parties to the present writ application. 10. This complex issue of identification of idol and then recording a finding as to ownership of idols cannot be decided in the criminal writ jurisdiction of this Court.
The authorities in whose premises one of the idols is lying in the State of West Bengal are not parties to the present writ application. 10. This complex issue of identification of idol and then recording a finding as to ownership of idols cannot be decided in the criminal writ jurisdiction of this Court. The petitioner will have to seek his remedy elsewhere in accordance with law and after impleading all the parties in whose possession the idols allegedly stolen from the premises of the petitioner’s temple are lying, may be by way of a civil suit in a court of competent jurisdiction where all the parties may adduce their respective evidences and whatever kind of evidences are required may be gathered by virtue of order which may be passed by the competent court following the established procedure of law. 11. This Court can only direct for the present that the Superintendent of Police, Nalanda shall take all such measures which are necessary to keep the idol of Shri Ramji which is lying at the Hanuman Asthan under Ben Police Station in a secured place and it will be responsibility of the Superintendent of Police, Nalanda to ensure that the idol is not stolen from the said premises until the dispute between the parties are settled. While securing the idol, provisionally he can make an arrangement under which the idol may be kept in the temple or at an appropraite place in a secured condition where without causing any damage to the idol, Puja etc. may also be performed. 12. This Writ Application is disposed off, accordingly. Application disposed of.