CHANCHALPATI DAS Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) Leave granted.

(2.) Both the appeals arise out of the common judgment and order dtd. 22/3/2017 passed by the High Court at Kolkata in CRR No. 1490 of 2013 and CRR. No. 3307 of 2013 whereby the High Court has dismissed both the Criminal Revision Applications seeking quashing of the charge-sheet filed against the appellants-accused, in respect of the FIR no. 33 of 2009 registered at Ballygunge Police Station, for the offences under Ss. 468, 471, 406 and 120-B of IPC. As transpiring from the record, the appellant Madhu Pandit Das (accused no.1) is the President of ISKCON, Bengaluru since 1984 and the appellant Chanchalpati Das (accused no. 2) is the Vice President of ISKCON, Bengaluru since 1985. Both of them claim to be the global spiritual leaders and humanitarians. According to the appellants, the International Society for Krishna Consciousness (ISKCON), Bengaluru, is a society registered in 1978 under the Karnataka Societies Registration Act, 1960.

(3.) As per the case of the respondent-complainant on 30/9/2006, a letter in the form of complaint was addressed to the officer in charge, Ballygunge Police Station, Kolkata, by the General Manager, ISKCON, Kolkata, in which it was alleged inter alia that the International Society for Krishna Consciousness (ISKCON), Mumbai is a Society registered since 1971 under the Societies Registration Act, 1860 and Bombay Public Trust Act, 1950, having its registered office at Hare Krishna Land, Juhu, Mumbai-49. The said Society has many branches/offices all over India including one located at 3C, Albert Road, Kolkata- 700019. The Governing Council of the said Society known as "Bureau" is the highest administrative body. The said Bureau at the relevant time had entrusted Sri Adridharan Das, who was the President of the said Kolkata Branch, with the management of the assets and properties situated at Kolkata Branch, which included a 42-seat deluxe bus of Ashok Leyland make, model Viking Alpsv 4/37-222 WB passenger bus, bearing registration no. WB25A-0454, engine No. WSH 104189, chassis No. WSH042296. The said bus used to be parked at the premises of Kolkata Branch.