Jamshedpur Arya Samaj Trust ... vs The State Of Jharkhand
2023 Latest Caselaw 3231 Jhar

                                       1

      IN THE HIGH COURT OF JHARKHAND AT RANCHI
                    Cr.M.P. No. 1516 of 2016

 1.Jamshedpur Arya Samaj Trust through its Trustee Jogesh Malhotra
  2.R.N. Sharma @ Ram Nath Sharma
  3. Rajendra Sachdeva
                                            .......... Petitioners
                         Versus

1.The State of Jharkhand
2.The Jharkhand Rajya Arya Pratinidhi Sabha, Ranchi through its mantra namely, Sri
Puran Chandra Arya                         ......      Opp. Parties
                           ---------

CORAM:        HON'BLE MR. JUSTICE SANJAY KUMAR DWIVEDI
                          ---------
For the Petitioners : Mr. Ajay Kumar Sah, Advocate
For the State       : None
For the O.P. No. 2 : Mr. A.K. Sahani, Advocate.

09/Dated: 29/08/2023

On repeated calls, nobody responded on behalf of the State.

2. Heard Mr. Ajay Kumar Sah, learned counsel for the petitioner and

Mr. A.K. Sahani, learned counsel for the State.

3. This petition has been filed for quashing the entire criminal

proceeding including order taking cognizance dated 18.05.2016 in connection with

C/1-1988/2015, pending in the Court of learned Chief Judicial Magistrate,

Jamshedpur.

4. The complaint petition has been filed alleging therein that the

accused no. 1 is a self made trust and illegally organizing the functions of the

school situated at Tapti Road, Sakchi, Jamshedpur, and at Sonari, Jamshedpur with

a name and style of Dayanant Public School and Arya Samaj School while accused

no.2 is the self made Chairman and accused no.3 is the self made Secretary of the

said so-called trust and complainant is regional level representative of the said

Sarvdeshik Arya Pratinidhi Sabha. The complainant is a society with a name and

style of "Sarvdeshik Arya Pratinidhi Sabha", having its registered office at 3/5,

Maharshi Dayanand Bhawan, New Delhi-2 and is the supervising all Arya Samaj at

local, State, regional level and its bodies, Earlier all Arya Samaj including (a) Arya

Samaj, Tapti Road, Sakchi, and (b) Arya Samaj, Sonari, Jamshedpur, were under

the entire control, supervision of Bihar Rajya Arya Pratinidhi Sabha. With the re-

organization of the State of Jharkhand, the complainant "Jharkhand Rajya Arya

Pratinidhi Sabha" came into existence and is duly registered under the Societies

Registration Act and it is the sole constituent body of Sarvadeshik Arya Pratinidhi

Sabha. The said (a) Arya Samaj, Tapti Road, Sakchi and (b) Arya Samaj, Sonari,

Jamshedpur, as such came under the control, supervision and monitoring of the

complainant. As per the hierarchy, the local Arya Samaj bodies are controlled and

monitored by the State Pratinidhi Sabha and the State Pratinidhi Sabhas by the

Sarvdeshik Pratinidhi Sabha, which is clearly envisaged in the Lease Document

Lease Deed. All the properties, instrumentalities, etc. of the local Arya Samaj

belongs to the State Pratinidhi Sabha which in turn belongs to the Sarvdeshik

Pratinidhi Sabha. As per the rules and regulations so applicable to Arya Samaj

bodies, esp. Rule 41 thereof, if the local Arya Samaj body disobeys the directions

of the State Pratinidhi Sabha or occasions any mis-management, the "Pradhan" of

the State Pratinidhi Sabha may dissolve the said management and/or form a new

managing committee. Further under Rule 22 of the Jharkhand Rajya Arya

Pratinidhi Sabha Rules in relation to Control of Educations Institutions, if there is

any mismanagement in the school, etc. the Jharkhand Rajya Arya Pratinidhi Sabha

is competent to dissolve the managing committee and appoint a fresh committee.

The Arya Samaj, Tapti Road, Sakchi and Sonari, Jamshedpur runs a school being

Bharti Model Middle School, which is the property of Jharkhand Arya Pratinidhi

Sabha and belongs to the society. The school and its properties belong to Arya

Samaj and under control, supervision and monitoring of the complainant and the

said school is aided schools and receive grants from the State Government. Since,

all the accused persons started mismanagement of the institution and not abiding

by the directions of complainant and due to which various notices were also issued

upon accused persons and no election was held for several years and all the

accused persons also heavily done mismanagement of funds of the complainant.

As such, the complainant invoked the powers conferred under the rules and vide

office order no. 64/2012-13 dated 18.01.2013 dissolved the existence managing

committee and form a new committee to look into the affairs of the institutions

and election of a new committee. It came into the knowledge of complainant that

the accused persons form a fake and imaginary trust with the sole moto to exploit

the property of the Samaj with a name and style Jamshedpur Arya Samaj Trust

and sent a letter to the Head Land and Revenue, Tisco Ltd., Jamshedpur, vide

letter dated 03.09.2014 issued under reference no. JAST/008/2014-15. All the

accused persons are also tampering with the evidences in relation to the property

belongs to Arya Samaj, such as scrading the ved mantra written on

JAST/008/2014-15 disclosing the fact that the organization is now functioning in

the name of "Jamshedpur Arya Samaj Trust" in place of "Arya Samaj Jamshedpur",

meaning thereby the said letter discloses that accused persons forged the

documents of Arya Samaj, which is an organization having International

Recognition of Repute and is a registered society under whom the institution is

virtually running. The conduct and approach of all the accused persons clearly

shows their malafide intention to cheat the complainant by way of forging

documents. The complainant society has already purchased computers and other

equipments of worth Rs. 12,00,000/- and a Marshal Jeep bearing Registration No.

JH-05-A 0095 of worth of Rs.4,50,000/- and these articles were kept in the school

premises, but it came in the knowledge of the complainant that the accused

persons with the connivance of each other misappropriated these articles

entrusted to the school.

5. Mr. Ajay Kumar Sah, learned counsel for the petitioner submits that

the learned court has taken cognizance by order dated 18.05.2016 against the

petitioner. He submits that the complaint was filed suppressing the material facts.

He further submits that Jamshedpur Arya Samaj Trust was initially established in

the year, 1953 and since its inception, the affairs of the petitioner trust is being

managed by a Trustee Committee. He further submits that the in the year, 1937

and 1939 the Tata Iron & Steel Co. Ltd. leased out a piece of land having an area

of 1.471 acres situated in Tapti Road Club Area in favour of the then Trustees

namely, Shri Dharamchandra Ahuja, Shri Harichandra, Shri Baijnath, Shri

Harbanslal Kochar vide registered Indenture of Lease dated 02.01.1937 and

25.09.1939. He further submits that the aforesaid land is presently recorded in

Survey Records as new plot. He further submits that the said trustee is governed

by rules and regulations and the trustees are looking into affairs of the said trust.

He further submits that at no point of time this trust is affiliated or has got any

support from Bihar (Jharkhand) Rajya Arya Pratinidhi Sabha or Sarvadeshik Aryan

Pratinidhi Sabha, New Delhi. He further submits that for the dispute in question a

title suit being Title Suit No. 117 of 1997 was filed which was decreed on contest

by learned Sub-Judge-VI, East Singhbhum vide judgment dated 18.01.2011. He

submits that the said plaintiff is said to be entitled for moveable and immoveable

property of the trust. He submits that when the possession was also in dispute and

the district administration of the Jamshedpur, East Singhbhum looking into all the

documents by annexure 4 and 5 has been pleased to put the possession in favour

of the said trust. He further submits that the entire criminal proceeding is bad in

law and even if any dispute is there that is civil in nature for that criminal case is

not made out.

6. Per contra, Mr. A. K. Sahani, learned counsel for the O.P. No.2 refers

to para 10, 11 and 12 of the complaint petition and submits that there are

allegation of tampering with the document and mis management of the said

institution and in view of that case is made out. He further submits that title suit

was filed by the different plaintiffs and the name of the petitioner is not there. On

these grounds, he submits that no case of quashing is made out.

7. In reply, Mr. Sah, learned counsel for the petitioner submits that

though the name of the plaintiffs are different but they were trustees and in para

2 of the judgment it has clearly came of the Arya Samaj and since its inception

has been an association of persons independent of any other society or

association. He submits that the suit judgment is decreed in favour of the said

trustee.

8. In view of above submissions of the learned counsel for the parties,

the Court has gone through the contents of the complaint petition and finds that

the complaint petition has been filed by the Jharkhand Rajya Arya Pratinidhi

Sabha, Ranchi against the Jamshedpur Arya Samaj Trust, Tapti Road, Sakchi,

Jamshedpur. It is the case of the petitioner that the said Arya Samaj trust was not

being governed by the Bihar Rajya Arya Pratinidhi Sabha and since 1937 it was

being governed by the trustee in view of the trust of Arya Samaj, Jamshedpur.

Looking into the judgment passed in Title Suit No. 117 of 1997 it appears that it

has come in paragraph no. 2 that Arya Samaj, Jamshedpur was established in the

year, 1923 and Bihar Rajya Arya Pratinidhi Sabha was formed in the year, 1926.

There was no representation of Arya Samaj, Jamshedpur. The said suit was

decreed in favour of the said Arya Samaj, Jamshedpur. Further when the

possession dispute was there the district administration has put the possession of

the Arya Samaj, Jamshedpur by Annexure-4 and 5 which clearly suggests that the

said Arya Samaj is the trustee of the said property and the said Arya Samaj,

Jamshedpur was not affiliated with the Bihar Rajya Arya Pratinidhi Sabha. It

appears that even if any case is made out, that is civil in nature for that criminal

case is not made out.

9. In view of above facts, reasons and analysis, entire criminal proceeding

including order taking cognizance dated 18.05.2016 in connection with C/1-

1988/2015, pending in the Court of learned Chief Judicial Magistrate, Jamshedpur,

are quashed.

10. This petition is allowed and disposed of. Pending I.A., if any, stands

disposed of. Interim order is vacated.

(Sanjay Kumar Dwivedi, J.)

Satyarthi/