Decided on March 04,1991



- (1.) In this petition u/S. 482 of the Code of Criminal Procedure, the petitioner has challenged FIR. No. 21 of 1991, dated 24-1-1991, registered at police station Saddar Shimla and the order dated 28-1-1991 passed by the Judicial Magistrate 1st Class, Court No. 2, Shimla. The Petitioner is the Principal of Auckland House School Shimla where education is imparted to girls. This school is day school as well as boarding school.
(2.) The FIR was lodged by one George who is presently working as Chief Judicial Magistrate, Bilaspur. As stated in the FIR the wife of the complainant Mrs. Amita George is working as teacher in the school Since June 1986. She has been allotted residential accommodation in the school premises. The complainant was residing with his wife till February 1990 when he was posted outside Shimla. Since then he has been visiting his wife in the school premises off and on. He has given two incidents in his complaint. Annexure A-2 to the reply-affidavit of the State of Himachal Pradesh, which led him to lodge FIR. The first incident is of 24-12-1990 when the main gate of the school was got locked by the petitioner. At that time the personal car of the complainant was parked in the school premises. He had to take police help to get his car out of the school premises. The second incident is of 22-1-1981 when he could not get ingress to the school premises with his car, as the petitioner had got the main gate of the school locked. With the result he had to park his car on the road/ itself near the main gate of the school. According to him this had exposed him to security risk as his car was parked on the road unattended and any explosive substance could be planted in it.
(3.) After registering the FIR, the investigation officer one Shri Rajinder Singh Head Constable, proceeded with the investigation. Considering the main gate of the school along with the lock and chain put on it as the case property and necessary for completing the investigation, he moved the Illaqa Magistrate for necessary orders. His application was in fact taken up by Judicial Magistrate Ist Class, Court No. 2, by assignment, as stated by him in his order dated 18-1-1981, which is as under:- "Application received by assignment. This is an application filed by the I.O. for seeking permission to take the gate along with lock and chain into possession. Heard. Perused. The gate in question is stated to be locked on the spot. The principal of the school who is in possession of key of the lock in question, is stated to have refused to open the lock. The gate, lock and chain in question are allegedly required to be taken into possession to complete the investigation of the case. Accordingly, the application is allowed. Gate and lock in question along with chain are allowed to be taken into custody by the police in accordance with rules for the completion of investigation of the case. However, Sh. Rajinder Singh, I.O. is directed to make every possible effort to open the lock by obtaining key from the person who is in possession of the key and if key is not handed over, then, lock in question is allowed to be taken into custody by breaking it open. The application is decided accordingly and be sent back to the Court of concerned Illaqa Judicial Magistrate. Announced in the open Court this 28th day of January, 1991.;

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