Back
RAJASTHAN HIGH COURT AT JAIPUR BENCH
Raghuvendra S.Rathore, J.
Suo Moto - Appellant
Versus
State - Respondent
S.B. Cr. Misc. Petition No. 463 of 2009.
Decided On : 13-10-2009
CRIMINAL PROCEDURE CODE - SECTION 482, 483 - INHERENT POWERS - QUASHING OF CRIMINAL COMPLAINT - PARALLEL CRIMINAL PROCEEDINGS - ABUSE OF PROCESS OF COURT - JURISDICTION OF HIGH COURT - SUO MOTO COGNIZANCE - CONTEMPT OF COURT.
Fact of the Case:
A complaint was filed before the Chief Judicial Magistrate, Jaipur District, Jaipur against accused persons which included various authorities of Amer Development and Management Authority and the producer of the Film namely, Vijay Galani. The complaint was based on the same subject matter as a suo motu cognizance taken by a Division Bench of the High Court. The complainant had produced evidence before the learned Magistrate by way of documents and photographs which were filed in the PIL Petition before the High Court.
Finding of the Court:
The High Court held that the criminal proceedings were initiated with full knowledge and notice about the proceedings already initiated by the High Court. The evidence on record produced before the learned Magistrate was none else but the orders passed by the High Court, and the report produced before it on the PIL Petition, which was the subject matter of adjudication in respect of the same incident and also the controversy. The High Court also held that the filing of complaint by the respondent and initiation of the criminal proceedings by the Magistrate in the instant case, is a sheer abuse of the process of the Court and cannot be allowed to stand.
Issues: Whether the criminal proceedings initiated by the complainant were an abuse of the process of the Court.
Ratio Decidendi: The High Court held that the criminal proceedings were initiated with full knowledge and notice about the proceedings already initiated by the High Court. The evidence on record produced before the learned Magistrate was none else but the orders passed by the High Court, and the report produced before it on the PIL Petition, which was the subject matter of adjudication in respect of the same incident and also the controversy. The High Court also held that the filing of complaint by the respondent and initiation of the criminal proceedings by the Magistrate in the instant case, is a sheer abuse of the process of the Court and cannot be allowed to stand.
Final Decision: The High Court quashed and set aside the criminal complaint filed by the respondent and the proceedings initiated in furtherance thereof.
"Money and greed coupled with power create blindness, madness and the persons become totally insane and insensitive. When the Government and the public authorities indulge in such practice, a great havoc is created resulting in chaos all around. The episode and mishap that happened in Amer Palace, Jaipur yesterday is a glaring example of the same.
Historic Pink City of Jaipur and specially Amer Fort Palace are on world tourist map. The beauty, grandeur and architecture of the Fort and the Palace attract thousands of tourists from all over the country and foreigners also. Religious sentiments of lacs of people not only of the city of Jaipur but other parts of the country are also attached to the famous Sheela Mata Temple situated in the same complex.
The Amer palace not only have a historic value but a protected monument also. The entire complex has legally been declared so. The original structure, shape, colour and interior including outside landscaping in no case be tampered with except for the minor repair works. Even the restoration work can also be undertaken to a limited extent to restore back the original look and shape. Lot of restrictions are imposed on the tourists also while moving around the complex. Photography and video filming can also be allowed to a limited extent is notified areas. In the interest of protecting such historical monuments the authorities concerned are expected to take all necessary measures and follow the norms and rules strictly. But, it all requires dedication, attachment and will to perform their duties in right perspective.
Unfortunately, not only the public but specially the concerned authorities have become blind, deaf and dumb in the glitter of money. In recent past, such historical protected monuments have become commercial source of income. The very basic structure, shape and original grandeur have been massively tampered with under the pretext of development where huge funds are pocketed by few persons who do not even have a basic knowledge of history and architecture. The entire original land-scape of the main courtyard at the entrance of the Amer Fort, Palace and the Temple have been destroyed. The trees, fountains, flowerbeds covered by carved stone Jalees have been raised to the ground, may be, to allow construction of huge sets for film shootings as in the present case.
Under the law, no such constructions, even temporary, can be allowed in protected monuments destroying and damaging the original basic shape and image of the monument which attracts thousands of tourists every year.
The authorities not even have anticipated and visualised the unforeseen accidents and mishaps at such places of great importance while giving permission for not only constructing a huge set but shooting a commercial film with so called famous stars which has ultimately resulted in not only large scale damages to the building but serious injuries to large number of people because of total chaos and stampede."
AI
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
