D. MANMOHAN SHENOY Vs. STATE OF KERALA

JUDGEMENT

(1.) These petitions are filed under Section 482 of the Cr.P.C seeking to quash all further proceedings in C.C.No.221/2016 pending on the files of the Chief Judicial Magistrate Court, Kasargod.

(2.) The petitioner in Crl.M.C.No.7092 of 2016 is the 1 st accused, those in Crl.M.C.No.7373 of 2016 are the accused Nos.2 to 5 and the petitioner in Crl.M.C.No.2432 of 2015 is the 6th accused in the aforesaid case. They have been hauled up to answer a charge under Sections 465, 468, 471, 482 r/w. Section 34 of the IPC.

(3.) The party respondent herein filed a complaint before the Judicial First Class Magistrate Court-I, Kasaragod, in the year 2014, wherein it is alleged as follows: The 2nd respondent is the Managing Trustee of Shree Varadaraja Venkataramana Temple at Kasaragod, an ancient temple of the 'Gouda Saraswatha Brahmin' community. It is alleged that Shrimad Sudheendra Thirtha Swamiji is the 'Madathipathi' of Shri Kashi Math Samsthan at Varanasi. It is the "Dharma Peeth" of the Gouda Saraswatha Brahmin community. In the year 1989, the 1st accused, who was then known as Sivananda Pai, accepted Sanyasa Deeksha and he came to be known as Raghavendra Thirtha. As part of a prolonged grooming process, he was entrusted with certain duties with effect from 12.12.1994. He is alleged to have performed his duties till 04.11.1999. By declaration dated 19/07/2000, the Guru and 'Madathipathi', Shrimad Sudheendra Thirtha Swamiji, is alleged to have relieved him from all duties and responsibilities. It is alleged that after having been divested from all duties, the 1st accused styling himself as the 'Madathipathi' of Shri.Kashi Math Samsthan, and with the active assistance of the other accused, brought out a publication by name 'Srivyasavani'. In the said publication, the 1 st accused is alleged to have proclaimed himself as the 'Madathipathi' of Shri.Kashi Math Samsthan with intent to fraudulently and dishonestly mislead 'Gouda Saraswatha Brahmin' community and the devotees of Shri.Kashi Math Samsthan, for making unlawful gain. It is alleged that the booklet by name 'Srivyasavani' was printed in the press run by the 6th accused and the 3rd accused was the Circulation Manager. Accused Nos.2, 4 and 5 are alleged to have contributed articles to the booklet and thereby aided the acts of the 1st accused. The complaint filed as aforesaid was forwarded to the police by the learned Magistrate and Crime No.979/2014 was registered at the Kasaragod Police Station. After completing investigation, final report was laid before the learned Magistrate on 5.5.2016, inter alia, under Sections 465, 468, 471 and 482 of the IPC.