GANESH ANAND CHELA Vs. SWAMI DIVYANAND

JUDGEMENT

(1.) The applicant herein, Ganesha Nand Chela, was summoned by Mr. S. M. Gupta, Metropolitan Magistrate, Delhi, by his order dated May 29, 1976, for an offence under Section 500, Indian Penal Code, on a complaint filed by Swami Divyanand (respondent herein).

(2.) The complainant's case was that he was a Sanyasi and disciple of Swami Purna Nand Jt Maharaj. His Guru owned an Ashram known as Sri Krishna Ashram in Delhi. and three other Ashrams situate in Haridwar, Ahmedabad etc. According to the complainant, the accused Ganesha Nand had also been a chela (disciple) of his Guru but he had been removed from the chelaship in the year 1974. It was alleged that With a view to grab the property of the Guru, the accused had made take and malicious accusations against the said Guru and his Dharam, and also against one Shrimati Pritma Devi. The gravamen of the allegations are contained in paragraph 4 of the complaint which reads asunder :

(3.) On the basis of the evidence led by the complainant despondent herein); the learned Magistrate came to the conclusion that a prima-facie case had been made out against the petitioner and, as noticed above, summoned him to stand his trial for an offence under Section 500, Indian Penal Code. After appearing, the accused filed an application on July 12, 1978 seeking discharge on the grounds that the complaint was not maintainable as the complainant was not the "person aggrieved" within the ambit of Section 199 of the Cods of " Criminal Procedure and further that the allegations were groundless.