MANOHAR LAL SHARMA Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) HEARD learned counsel for the parties and perused the affidavit, counter affidavit and rejoinder affidavit filed on behalf of the parties.

(2.) BY means of this petition, moved under Section 482 of the Code of Criminal Procedure, 1973 (hereinafter referred as Cr.P.C.), the petitioner has sought quashing of the orders dated 06.10.2009 and 13.11.2009, passed by the City Magistrate, Haridwar, in Case No. 23 of 2009, under Section 145/146 of Cr.P.C.

(3.) BRIEF facts of the case are that Reporting Outpost Khadkhadi, police station Kotwali Haridwar, made a report on 24.08.2009 to the City Magistrate, Haridwar, that an Ashram known as 'Kalpdham Ashram was earlier run by one Swami Abdedanandji. The petitioner Manohar Lal Sharma was his paid servant. But, before said Swamiji left, he appointed the petitioner as Trustee of the Ashram, who started living within the premises of Ashram, and used to look after the property. Thereafter, other Trustees appointed Swami Pranavanandji (respondent No. 2) as the Managing Trustee/Chairman of the Ashram. Meanwhile, dispute arose between the parties and allegations were made by the respondent No. 2 and the petitioner that each one of them is inducting new Trustees. On receipt of the report of the police relating to law and order, proceedings under Section 145 of Cr.P.C. were drawn, and preliminary order dated 06.10.2009 (copy Annexure -1 to the petition) was passed by the City Magistrate, inviting the parties in dispute to produce the evidence. The petitioner responded to the notice and put up his case before the City Magistrate.