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2000 (3) Crimes 87
HIMACHAL PRADESH HIGH COURT
Lokeshwar Singh Panta, J.
H.H. Maharani Padmani Devi - Petitioner
versus
State of H.P. and Another - Respondents
Cr. M.M.O. No. 778 of 1998
Decided on 29-10-1999
Counsel for the parties:
For the Petitioner: Ms. Abhilasha Kumari, Advocate.
For the Respondent Nos. 1 and 2: Mr. J.K. Verma, Assistant Advocate General.
For the Intervener: Mr. Jagdish Vats, Advocate.

IMPORTANT POINT
Inherent powers under Section 482, Cr. P.C. of High Court could be exercised either to prevent abuse of process of Court of law or to secure the ends of justice.

Headnote:Criminal Procedure Code, 1973 -Section 482 read with Article 227 of Constitution of India - Petition to quash FIR and to restrain respondent from proceeding further with investigation - Case registered under Section 380, I.P.C. regarding theft of some valuables from strong room of Palace of Nahan - Power of the High Court in such matter could be exercised to prevent the abuse of process of Court of law or to secure the ends of justice - Guidelines laid down by Supreme Court in Dhajan Lal's case - Guidelines could not be inflexible or laying rigid formula to be followed Petitioner's claim that she was the sole owner in possession of valuables kept in the strong room of Royal Palace could not be decided in quashing petition- High Court would not be justified in embarking upon an enquiry as to probability, reliability or genuineness of allegations made in FIR - Petitioner found not making out a case for quashing of FIR and proceedings. (Paras 19 to 22 and 24)

       Result: Petition dismissed.

       

JUDGMENT

Lokeshwar Singh Panta, J. - The above petition under Section 482 of the Code of Criminal Procedure read with Article 227 of the Constitution of India, has been rued by the petitioner, seeking to quash First Information Report No. 75/84, registered in Police Station, Nahan; to restrain the respondent Deputy Superintendent of Police from proceeding further with the investigation of the said FIR and to quash the proceedings pending before the Court of Chief Judicial Magistrate, Nahan to prevent any further misuse of the process of law.

2. The petitioner in this petition has alleged that she is the Maharani of Jaipur and also one of the two remaining legal heirs and the persons in possession of all the movable and immovable properties of his Highness the late Maharaja Rajendra Prakash of Sirmaur District of State of H.P. She stated that the petitioner has been in possession, inter alia, of the Palace of Nahan since the demise of her father. The petitioner also stated that she learnt from reliable sources that the respondents had registered a First Information Report No. 75/84 on the basis of certain false complaints made by persons who were neither the owners nor in possession of the properties, alleging theft of valuables from the Palace at Nahan. The petitioner as well as the other legal heirs of the late Maharaja, who are present owners alleged to have made representations to the respondents, inter alia, pointing out that there was no theft at the Palace at Nahan as nothing had been removed from their possession. The petitioner stated that the complaint was made by mischievous persons to unnecessarily harass her and the investigation confirms that there was no theft but the respondents are persisting with the investigation of an offence which is alleged to have been occurred more than 15 years ago.

3. The facts of the case are that Maharaja Rajendra Prakash died on 611-1964. He was succeeded by his two widows, namely, H.H. Durga Kumari and Indira Devi, two daughters, by name, Kumari Nalini Devi and H.H. Padmini Devi, petitioner herein, and Rajmata Madalsa Devi, mother of late Maharaja, according to Hindu Succession Act, 1956. In 1965, a list of all the items kept in the Strong Room was prepared and all the valuable articles were duly partitioned among the legal heirs of late Maharaja Rajendra Prakash. On the death of Maharani Prem Lata Devi, who was not a legal heir of late H.H. Maharaja Rajendra Prakash, the properties inherited by her from her mother late Rajmata Mandalsa Devi devolved upon Maharani Durga Kumari: Maharani Kumari Nalini Devi, Maharani Padmani Devi (petitioner), and Maharaj Kumar Udai Prakash in equal shares as per the provisions of the Hindu Succession Act. The petitioner alleged that one Shri Jabbar Singh falsely claiming himself to be the General Attomey of Maharani Prem Lata Devi, sister of the late Maharaja, and one Shri Mohammad Rehman, acting on behalf of Shri Alarak Singh, initiated a series of frivolous complaints/pleas before various judicial forays staking claims in the properties of his Highness the late Maharaja Rajendra Prakash of Sirmaur and their sole intention evidently is to misuse the process of law for their vested interests. Civil Suit No. 92 of 1987 was also filed by Shri Alarak Singh (whose so-called representative Shri Mohammad Rehman is one of the complainants in these proceedings), for declaration, partition and rendition of accounts. The suit was dismissed by the learned Single Judge of this Court on 15-12-1993, holding that the plaintiff could not lay any claim to the estate of late Maharaja Rajendra Prakash and the said judgment and decree came to be passed by this Court in view of the law declared by the Supreme Court. A copy of the judgment and decree has been filed and marked as Annexure A to the petition.

4. The petitioner alleged that Shri Jabbar Singh falsely claiming himself to be the General Attorney of H.H. Prem Lata Devi and one Shri Mohammad Rehman acting on beha

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