MADHUSUDANANANDAPURI SWAMIJI OF OMKARASHRAMA SRINIVASAPURA Vs. ASSISTANT COMMISSIONER SUB-DIVISIONAL MAGISTRATE BANGLORE SOUTH SUB DIVISIONAL

JUDGEMENT

(1.) THE petitioner is before this Court under section 482 of the Code of Criminal Procedure, praying for quashing the order dated 5-11-2007 made in Case No. MAG. 12/2007-08 on the file of respondent No. 1/sub-Divisional Magistrate, Bangalore South Sub-Division, bangalore.

(2.) HEARD arguments.

(3.) THE brief facts of the case leading to the filing of the Petition may be stated as under: sri Sri Sri Shivapuri Mahaswamiji of Omkarashrama, Bangalore, passed away on 25-7-2007. It is the case of the petitioner that on 9-8-2007, he was incarnated as the Mathadhipathi of Omkarashrama as per the desire of Shivapuri Mahaswamiji. As many as 12 Matadhipathis and many others had participated in the incarnation ceremony. The contesting respondent No. 4/sri Purushothamanandapuri, Bhagiratha Peetha, hosadurga, was also invited for the ceremony of incarnation as peethadhipathi of Omkarashrama on 9-8-2007 and he participated in the ceremony. It is the case of the petitioner that on 26-11-2005, Shivapuri mahaswamiji had executed a Will naming the petitioner as his successor to the Omkarasharama. After death of Sri Shivapuri Mahaswamiji, on 25-7-2007, the Will dated 26-11-2005, Which was in the custody of Sri jayachandra Setty, the scribe of the Will, came to light. The said Will came to be registered in the Office of the Sub-Registrar, Rajarajeshwari nagar, Bangalore, on 14-9-2007. After the petitioner was incarnated on 9-8-2007, he had been managing the affairs of the Omkarashrama and performing Navavarna pooja, which is being done continuously for the last 45 years by Sri Shivapuri Mahaswamiji. It is the case of the petitioner that the said Navavarna pooja requires to be performed every day without any break. But as a result of an order passed by respondent No. 1/sub-Divisional Magistrate, it came in the way of performing the said pooja and also affecting the sentiments of the petitioner as well as the devotees of the Ashram as no Administrator can arrange Navavarna pooja to Sri chakra. It is alleged that the Respondent No. 4/swamiji started contending that he should be incarnated as Mathadhipathi as he belonged to the community of the previous Mahaswamy, and he went to media and gave various false statements to uproot the petitioner from the Ashram. Some persons made a representation to the Governor stating that the petitioner has done some injustice to them. On the next day, the same was published in some daily newspapers. It is also contended that the contesting respondent No. 4, is neither as follower nor a disciple of Shivapuri Swamy of Omkarashrama, and therefore he cannot have any grievance against the petitioner. Despite of that the respondent No. 4 has started mis-leading the community people and his followers to rage a war against the petitioner. On 23-10-2007 it appeared in media stating that respondent No. 4 along with 50,000 people would visit Samadhi of Sri Shivapuri mahaswamiji to offer pooja. Respondent No. 2/kengeri Police, in consultation of the Deputy Commissioner of Police, West Division, submitted a report to the Sub-Divisional Magistrate, Bangalore South, with a request to take appropriate action in the matter. The Sub-Divisional magistrate, on 24-10-2007, without notice to the petitioner, passed an order under Section 146 (1) of Cr. P. C. , appointing the Tahsildar, Bangalore South taluk, as the Receiver and directed the latter to take charge of omkarashrama. The Tahsildar, on 25-10-2007 at 9. 30 a. m. visited omkarashrama and served copy of the order dated 24-10-2007 on the petitioner and directed the petitioner to hand over the possession of the properties of the Ashram to him. Feeling aggrieved by the order of the respondent No. l dated 24-10-2007, the petitioner preferred a Criminal revision Petition in No. 4674/2007. This Court by order dated 31-10-2007, quashed the proceedings initiated by the respondent No. l with a liberty to initiate proceedings under Section 145 of Cr. P. C. , if circumstances so exist. The respondent No. l on the same day namely 31-10-2007 issued notice to both the parties to appear before him on 2-11-2007 at 11 a. m. Thereafter, by his order dated 5-1- 2007, has appointed respondent No. 3/ tahsildar as Receiver and directed the petitioner and respondent No. 4 to approach the Civil Court in order to resolve the dispute. Therefore, the petitioner is before this Court praying for quashing the proceedings on the following grounds :