Patna High Court · 2011
Case Details
Patna High Court Cr.Misc. No.3929 of 2013 (3) dt.08-07-2013 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.3929 of 2013 ====================================================== 1. Sri Mahatma Vyasa Nandji Maharj @ Mahatma Vyasanand Chela Of Swami Satya Nandji Maharaj Brahm Vidya Ashram, Main Ashram Resident Of Village Chhotka Rajpur, P.S. Simari, District Buxar. 1. The State Of Bihar & others. Versus .... .... Petitioner/s .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Digvijay Kumar Ojha, Adv. For the Opposite Party/s : Mr. Ashok Kumar,APP. ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 3 08-07-2013 Heard learned counsel for the petitioner and the State. In this case petitioner is challenging the order dated 28th January 2011 passed in Complaint Case No. 942 of 2010 passed by the Judicial Magistrate, 1st Class, Buxar whereby and whereunder the court below has dismissed the application under Section 203 of the Code of Criminal Procedure (in short, the
Facts
„Code‟) and the same has been affirmed vide order dated 8th November 2012 passed in Cr. Revn. No. 43 of 2011.
Legal Reasoning
Having considered the rival contentions of parties and on reading Para-2 of the discharge petition, it does not show the court below has committed an error of record. Further more plea taken in the discharge application is the plea of defence cannot be the basis for second complaint case, at worst, their defence of creation of relationship of Guru and Chela would be rejected. In order to arrive at proper conclusion, it will be proper to examine para-2 of discharge application which is as follows: “That in that complaint petition it is alleged that one Shiv Dharmanand Jee Maharaj was Mahanth of Brahm Vidyalaya and Ashram, Chhotka Rajpur P.P. Patna High Court Cr.Misc. No.3929 of 2013 (3) dt.08-07-2013 Chhotka Rajpur, P.S. Simari Distgt. Buxar after his death Satyanand Jee Maharaj and Vyasanand Jee Maharaj became Chedla of Late Shiv Dharmanand Jee Maharaj and “Chadar Mahanthi” was given to Satya Nand Jee Maharaj and he is looking after all the Properties of the “Ashram” of Chhotaka Rajpur. It is further said in FIR that the accused Triyagonand in collusion with other accused person claiming Property of Ashram by making a false „Chadar of Mahanthi‟.” On reading of Para-2 of discharge petition it appears that the statement of Para-2 of discharge application is quotation from the complaint petition as Para-2 starts with word (“That in the complaint petition…..). In view of words used recital of discharge application, this Court is of the view, while recording the finding, the Sessions Judge, Bexar has not committing any error of record. However, even presuming, finding recorded by Sessions Court is incorrect it will not change the situation. As the statement made in the discharge petition is about the status and manner of being made Chela of his Guru is a plea of defence taken by the accused in the discharge petition. This Court is not deciding or considering whether the statement made in the Patna High Court Cr.Misc. No.3929 of 2013 (3) dt.08-07-2013 discharge application is correct or false that has to be seen in trial of first complaint petition. Merely he has taken a plea cannot be a ground for constituting offence u/s 499 and 500 IPC. This Court feels mere statement taken by the accused in the discharge application, does not constitute offence as aforesaid and this Court feels that both the courts have rightly refused take cognizance of the offence. This Court does not find any merit in this petition and it is accordingly dismissed. Jay/- (Shivaji Pandey, J)
Arguments
It appears from the record that Sri Mahatma Vyasa Nandji Maharj @ Mahatma Vyasanand Chela of Swami Satya Nandji Maharaj filed Complaint Case No. 100©/09 converted to Simari P.S.Case No. 153 of 2003 wherein altogether six persons were arrayed as accused and among them, Badamau Chouhan and Patna High Court Cr.Misc. No.3929 of 2013 (3) dt.08-07-2013 Kripa Narayan Singh have been shown as accused. In t he complaint petition it has been stated that Swami Shiv Dharma Nandji Maharaj in his life time made complainant of present case and Satya Nand Maharaj as his Chela and execute d power of attorney in favour of Satya Nandji Maharaj and after death of “Shiv Dharma Nandji, Satya Nandji Maharaj became his successor Shiv Dharmji Maharaj opened joint bank account with Satyanandji Maharaj On 20th March 1999 Guru died, according to the custom, the complainant was appointed as Mahanth and has been exercising the power of Mahanth. All the transactions are conducted by the complainant includilng the construction of Ashram are made by the complainant. The complainant has been discharging all administrative work of the Ashram. In the complaint petition, it has been alleged that the accused persons formed a gang and have created a false and fabricate d deed with a view to grab the property of Math. Accused persons have no concern with Math and have made false evidence. During his life time a Civil Suit being T.S. No. 123 of 1987 was filed which was dismissed. The Title Appeal No. 13 of 1991 was decided in favour of Shyam Lal Chouhan and his three brothers, against that Shiv Dharma Nandji Maharaj, filed a Patna High Court Cr.Misc. No.3929 of 2013 (3) dt.08-07-2013 Second appeal vide S.A.No. 169 of 1993 and complainant has been looking after the case filed against Shiv Dharma Nandji Maharaj. In nut shell there is an allegation that the accused persons forming a gang are trying to usurp the property of the Ashram. Later on another complaint petition was filed by Vyas Nandji Maharaj, petitioner vide Complaint Case No. 942C of 2010 where Badamu Chouhan and Kripa Narayan Singh are made accused Nos. 1 & 2. In this complaint case, it has been alleged that the court after taking cognizance, transferred the case in the court of Ratnesh Kumar Singh where he filed an application of discharge on 17th June 2010 taken a point that after death of Sri Dharmanand Maharaj, Satya Nandji Maharaj and Vyasji Maharaj became his disciple automatically. Counsel for the petitioner submits that this statement made in the discharge petition is against the customs of Guru & Shishya which is defamatory in nature. He has also drawn the attention of this Court about the error of record committed by the Sessions court in recording the statement that statements is the discharge petition at Para-2 are the statement made in complaint petition not the statement of accused persons and the court below has wrongly construed under wrong impression is the statement Patna High Court Cr.Misc. No.3929 of 2013 (3) dt.08-07-2013 of complainant. He has further submitted that both the courts below have failed to consider that both were made Chela before death of their Guru . The statement made in discharge petition are defamatory whereas the fact is that they became Chela of their Guru during his life time. Counsel for the State has submitted that it is the trial court who has to be satisfied as to whether allegation made in the complaint petition constitute an offence or not, as any defence taken by the accused persons cannot constitute a criminal offence committed by them.