Mahant Ramdas And Others vs State Of Up ...
2022 Latest Caselaw 9286 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 10
 

 
Case :- APPLICATION U/S 482 No. - 248 of 2022
 

 
Applicant :- Mahant Ramdas And Others
 
Opposite Party :- State Of Up Thru.Addl.Prin.Secy.Home And Another
 
Counsel for Applicant :- Onkar Nath Tiwari,Amrendra Nath Tripathi
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Dinesh Kumar Singh,J.

1. Heard learned counsel for the applicant(s) as well as learned Additional Government Advocate, representing respondent no. 1-State, and gone through the record.

2. By way of this application under Section 482 CrPC the applicant(s) has/have prayed for quashing of charge-sheet filed in Crime/FIR No.0785 of 2020, under Sections 420, 504 and 506 IPC, lodged at Police Station Kotwali Ayodhya, District Faizabad (now Ayodhyaji), for quashing of the order dated 08.10.2021, by means of which the applicants have been summoned to face trial, and for quashing of the entire proceedings of Case No.7660 of 2021 (State Vs. Mahant Ram Das), pending in the Court of Chief Judicial Magistrate, Faizabad (now Ayodhyaji).

3. Allegation in the FIR is that the applicant no. 1 was appointed as 'Sarvarakar' of Mahant Tribhuwan Das in the year 2011. However, Mahant Tribhuwan Das was not happy with the activities of applicant no. 1 and he appointed 'Sarvarakar' to respondent no. 2, complainant. A civil suit has also been filed for cancellation of 'Sarvarakar' in favour of applicant no. 1. During this period, the applicant no. 1 got his name entered as 'Sarvarakar' in several documents and got connection of gas changed in his name from Mahant Tribhuwan Das. It is also said that he has shown his several addresses.

4. Investigating officer, after collecting the evidence against the applicants, has filed charge-sheet for offences under Sections 420, 504 and 506 IPC.

5. This Court has considered the FIR and charge-sheet and, is of the opinion that it cannot be said that no offence is made out against the applicants on the basis of the evidence collected during the course of investigaion. In view thereof, there is no ground to interfere with the ongoing proceedings. This application is, accordingly, dismissed. However, as prayed, it is provided that if the applicants surrender and apply for bail within 15 days from today, the same shall be considered by the trial Court in light of the order dated 07.10.2021 read with judgment dated 11.07.2022 of the Supreme Court rendered in the case of Satender Kumar Antil vs Central Bureau of Investigation & Ors: SLP(Crl) No.5191 of 2021.

Order Date :- 4.8.2022

MVS/-