o IN THE HON'BLE HI6H COURT OF CHHATTtSSARH AT BILASPUR CR.M.P. N0. ^^ OF 2010 PETITCONER: APPLICANT -^ ...-^ ^s^'. ...^%^.^ ^^€^ '^- \'s^'" ^ NON-APPLICANT: Jain Trust, Bhilai Nagar & Akhil Bharatvarshiya Digambar Jain Parishad, New Oelhi, through Balwant Rai ^y^^s^ President Jain frust, Bhilai <& 3-'"&''"° Bharatvarshiya Digambar Jain Parishad, New Delhi, resident - 63, Nehru Nagar, Bhilai, District Durg (C6) State of Through Police Station Supela Bhilai Distt. Durg \C.&.} OF 1 ^^, ^~ '"s».&a^:I-HC—78 ~?:£T •^i<iKvi-4, ^iil-i'tc, fN^rray <^^,P-^.S6\'^]2<0 3i^Ak"^i iwv TraiaWw^w Shri Shailendra Shukla, counj Ms. Sunita Jain, Panel Lavvy^i Heard. By this petition under Se^ Prooedure, 1973 (In short 'lhe Cot legality and propriety of the ord^r Sessions Judge, Durg in Criminal F^ dated 08-04-2010 passed by the Criminal Case No. 1213/2005, whe^ Class, Durg has dismissed the p4 Mahaveer Ido! of Jain Community. Learned counsel for the appti is flet'cJa-iming the deity/idol as a| Bharatvarshiya Digambar Jain Pari^ 'worship, is in Najarat for iong time. the person whom Court will finaily of of trial, it would not be proper to ^ On the other hand, tearntd opposed the petition and submits Rupees and the Court be'ow have| counsel aiso submits that eariier a was fiied registefed as Cr.M.P.No.5 the Revisional Court is dlrected to p{ ^iiqte4;i "EiTlRff ^''fe^t <fa«;l< ^sifiCTsn^r ^el for the applicant. r for tiie State. ition 482 of the Code of Crimjnal |le"), the applicant 'nas challenged the dated 05-06-2010 passed by the levision No. 62/2010 affirmino the order Ijdicial Magistrate First Ciass; Durg in teby learned Judicial Magistrate First Itition for interim custody of Tirthakar ;ant submits that the present appticant |i owner, but they are trusty' of Ak-hit ihad and their idoi, which thev used to ^hev are readv to hand over the idol to •der, but dunng the period of pendency eep the idoi of any sect/community' in counsel for the State/Tespondent that alleged idoi is costing Crores of rightly djsmissed the petition. Leamed setition under Section 482 of the Code i71/2010, whieh has been allowed and ass appropriate oro'er on merits. XI-HC—78 ail^T qil •f?sfe w»ra®OTWEIW Tumsne ^sr ~-^WM^, »iii'y<i<s, fsicfi.yy _. ^.^f^'Z^'^0 3Ti<5!';R?? (' 'gftgsn^ ^^ As per the order impugned, aforesaid idol/deity as their property. the property as an owner, but is clairjiing only for its proper maintenance and respect. In these oireumstance^, oontinuance of custody of said idol/deity of any of sect/community in 1 not serve'the purpo'se and to give pro|3er respect to such idol/cfeity and for proper custody, in the interest of justi hand over the property to the applicanl Consequently, the petition is atl hereby set aside. On furnishing a b<|>nd of Rs.5,00,000/- along with two sureties on behalf of the appllcant fori the property/deity/idol, till djsposal of given to the applicant for interim custo! I.A.No.1 is dismissed summarih -CeffiTwd copy, as per rules. "^i^f^N '^TTR^ ^f 'f^^l' '<f^^ll< ^ sifiTq SIlt?! no other person has ctaimed the 'he present applicant is not claiming ^lajarat or custody ofthe Court vrouid ;e, the same v/ould be necessary to 1/Jain Trust. bvi/ed. Both the orders imDuaned are proper security and maintenance of the case, property/deity/idoi shall be Jy. .^Sd/- Manindra Mohan Shrivastava Judge <-