BRIJ PAL SINGH Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) <DJG>DHARAM VEER, J.</DJG> Heard Mr. Pankaj Miglani, learned counsel for the petitioners as well as Mr. Amit Bhatt, learned Additional Government Advocate for the State.

(2.) By means of this writ petition, the petitioners have sought writ in the nature of certiorari quashing the First Information Report, which is registered at Police Station ROP Khadkhadi Sub District Kotwali Nagar, District Hardiwar, as Case Crime No.468 of 2009 relating to offences punishable under Sections 420, 463, 464, 468, 470, 471, 474, 466 and 467 of IPC.

(3.) Brief facts of the case are that Dandi Swami Parvanand lodged a report at Police Station Reporting Outpost Khadkhadi on 12.9.2009 stating therein that one Swami Shradhanand Teerth was the Chairman of Trust as well as the Controller of Kalpdham Ashram. On 15.1.1982, Swami Shradhanand Teerth formed two trusts, one Shideshwar Mahadev Trust and another Shradhnand Teerth Trust. Swami Shradhanand Teerth Trust had appointed co- accused Manohar Lal Sharma as Sewak who used to receive monthly salary. It is alleged that from some time, Manohar Lal had started working against the motives of said Trust and also causing harm to the property of the Trust. He and his family members were made understand by the Trust many times but to no avail. In this regard, a Suit No.84 of 2009 was also filed by complainant on behalf of the Trust for eviction and permanent injunction against Manohar Lal Sharma, which is still pending. It is further alleged that Manohar Lal in connivance with his wife Sumti, son Inderjeet (petitioner no.3), son-in-law Dilip Kumar (petitioner no.2) and one Brij Pal (petitioner no.1), with intention to grab the property of Kalpdham Ashram, got prepared a forged will of Swami Shradhanand Teerth dated 18.4.1982 and thereby claimed himself as Managing Trustee and his family members as trustees of the said Trust. By way of forged will dated 18.4.1982, Manohar Lal also prepared a forged trust in the name of Shidheshwar Mahadev Mandir Trust. It is alleged that forged will dated 18.4.1982 prepared by Manohar Lal is not recorded in any government department. It is also alleged that a Suit No.124/2009 was also filed by Manohar Lal on the basis of forged will dated 18.4.1982 and the same forged will is in possession of Manohar Lal. It is further alleged that Manohar Lal along with his family members have prepared fabricated documents and with the help of same, they want to grab the property of Kalpdham Ashram. With the same averments, the First Information Report was lodged by Respondent No.2 Dandi Swami Pranavanand Teerth on 12.9.2009 at P.S. Reporting Outpost Khadkhadi, Sub District Kotwali Nagar, District Haridwar.