SUDARSHANACHARAYA Vs. PURUSHOTTAMACHARYA

JUDGEMENT

(1.) Leave granted.

(2.) This appeal, by grant of special leave, is directed against the judgment and order dated 10/12/2010 passed by the High Court of Judicature at Allahabad, Lucknow Bench at Lucknow. The High Court dismissed Criminal Misc. Case No. 4227 of 2010 filed by the appellant praying that Criminal Complaint Case No. 13 of 2008 be quashed.

(3.) Respondent 1 is the complainant ('complainant', for clarity). He filed a complaint in the court of ACJM, Faizabad against the appellant. According to the complainant, the temple of Lord Venkatesh situated in Ayodhya town is managed by a Trust. The appellant is the adopted son of Smt. Hulasmani Devi, the Sarwarkar and President of Vaikunth Mandap Sri Venkatesh Mandir Trust Committee. In short, the case of the complainant, as disclosed in Complaint dated 09/09/1985, is that on 31/08/1973 considering religious nature of the appellant, the appellant was entrusted with several silver and gold articles, jewellery and other articles belonging to the temple so that he may propagate the sect. In December, 1973, the appellant requested that he may be given certain more articles. Accordingly, more articles were given to him. The receipt of first set of articles was given by him but he did not give receipt of second set of articles. The appellant never returned the articles. He misappropriated them and thus committed criminal breach of trust.