In a much-publicised case regarding demolition of two inauguration plates allegedly installed by Ramnagar MLA Harshdev Singh, Udhampur additional sessions judge MK Sharma on Saturday dismissed the case against the two accused on the very ground that “demolished inauguration plates” are not at all public property as per the definition of public property contemplated under Section 2 of the J & K Public Property (Prevention of Damage) Act and nor has been the complaint made by a 'public servant'.
One Mohammad Farooq, vice-president of the youth wing of Panthers Party, Ramnagar, had lodged a formal complaint against one, Ganesh Singh, a resident of Chowki Jandrore, and Romesh Kumar of Surni for allegedly demolishing inauguration plates installed by the Ramnagar MLA at Morha Gurlang in Kanah village of Ramnagar on the intervening night of January 11 and 12. Ramnagar police had booked both the accused under Section 434 of the RPC and the Public Property (Prevention of Damage) Act. After the investigation challan was presented in the court of law.
After hearing both the defense counsel and public prosecutor, the court has opined that there was no evidence on file to show that inauguration plates on the bridge were allegedly broken by the accused and the plates were affixed by authority of by a department, a public servant, or somebody else under the government authority.
The judgment further said there was nothing to show that some individual or public suffered the loss or damage. The court said the essential ingredient of wrongful loss or damage to public or to any person to bring it under the purview of definition of mischief is missing in the instant case. With these observations, both the accused persons were discharged of the offences.
{{/usCountry}}The judgment further said there was nothing to show that some individual or public suffered the loss or damage. The court said the essential ingredient of wrongful loss or damage to public or to any person to bring it under the purview of definition of mischief is missing in the instant case. With these observations, both the accused persons were discharged of the offences.
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