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2004 Supreme(Raj) 203

SHIV KUMAR SHARMA
Vaman Narayan Ghiya – Appellant
Versus
State of Rajasthan – Respondent


Advocates Appeared:
M.L. Lahoti, Sr. Advocate, Mahesh Gupta and R.N. Khadelwal, Advocates for the Appellant
Mohd. Rafiq, Addl. Advocate General for the Respondents

Judgment

Shiv Kumar Sharma, J.-On the allegations of committing theft and illegally exporting the monuments and statues from various temples and other protected placed of archaeological importance, Police Station Vidhyadhar Nagar Jaipur City arrested petitioner in criminal case bearing FIR No. 146/2003 under Sections 379, 411, 413, 414, 401, 120-B of the Indian Penal Code (for short ‘IPC’) and 3/25(1), 5, 14/25(2) of the Antiquities & Art Treasures Act 1972 (for short ‘AAT Act’) and submitted charge sheet in the court of Additional Civil Judge (Jr.Dn.) cum Judicial Magistrate No. 21, Jaipur City. The petitioner by moving application under Section 190 of the Code of Criminal Procedure (for short ‘CrPC’) read with Section 26 AAT Act raised objections as to the jurisdiction of the Magistrate to take cognizance of offence under AAT Act. It was interalia stated in the application that in view of Section 26 of AAT Act, only an officer authorised by the Central Govt. could institute the complaint and investigation for the offences under AAT Act could not be undertaken by the Police. Therefore, the order taking cognizance for the offence under AAT Act was without jurisdiction. The order da




























































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