Kamal Kishore Sharma and Others vs State of Uttarakhand and Another

Prafulla C. Pant, J.—Heard. By means of this petition, moved u/s 482 of Cr.P.C., the petitioners have sought quashing of the order dated 30.04.2012, passed by City Magistrate, Haridwar, in case No. Nil of 2012, State Vs. Kamal Kisore Sharma and another.

The impugned order shows that it is a show cause notice issued u/s 133 of Cr.P.C., by the City Magistrate, inviting the reply from the petitioners as to why the conditional order be not passed in the matter of worshiping rights of the public in Uddeshwar Mahadev Temple.

Learned counsel for the petitioners submitted that the temple is run by the private trust, and provisions of Section 133 of Cr.P.C. do not get attracted.

However, the plea whether the property in question is a public property or a private property is the question of fact, which can be considered by the Magistrate before passing the conditional order u/s 133 of Cr.P.C. If appears that the petitioners have yet not responded before the City Magistrate, after the show cause notice was issued u/s (1) of Section 133 of Cr.P.C. Therefore, the petition u/s 482 of Cr.P.C., is dismissed summarily with the observation that the petitioners are at liberty to raise their pleas before the City Magistrate in response to the impugned notice issued by him. The Magistrate may further consider the timings of worship in the temple by the public as suggested by the petitioners.