RAVINDRA BRAHAMCHARI Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) The applicant - accused Ravindra Brahamchari has invoked the inherent jurisdiction of this Court under Sec. 482 of the Criminal Procedure Code, 1973 (in short, "Code") to quash the entire proceedings of Criminal Case No. 518 of 2020, "State v. Ravindra Brahamchari", pending before the Court of Judicial Magistrate, Narendra Nagar, District Tehri Garhwal.

(2.) The case of the prosecution is that Sachcha Vedic Sansthan was formed in the year, 1973. The patron of the said Sansthan was Swami Hansraj. The said Sansthan was registered on 8/7/1981 in the office of the Registrar, Firms and Chit Funds, Dehradun. Swami Hansraj died on 23/10/2011. On 7/11/2011, at the time of Sodashi, the present applicant - Ravindra Brahamchari, who was removed from the post of the driver of the Sansthan, produced a will stating that Maharaj ji had declared him as his heir and custodian of his property. In relation to the said forged will, an FIR was lodged against the applicant at Muni-Ki-Reti police station, which was registered under Ss. 420, 467, 468 and Sec. 471 of the Penal Code, 1860 (in short, "IPC") and two civil suits were filed against him with the relief of perpetual injunction. When the signature of Maharaj ji was examined, the said will was found to be fake. The said civil suits were decided in favour of the respondent no. 2, against which two civil appeals were filed. The said Civil Appeals (Civil Appeal No. 06 of 2016 and Civil Appeal No. 07 of 2016) were decided vide judgment and decree dtd. 14/12/2017, whereby the judgment and decree, passed by learned Trial Court, were set aside and the matter was remitted back to the Trial Court for fresh decision.

(3.) The applicant filed two Miscellaneous Appeals against the remand order, in which the stay orders were passed by this Court. Thereafter, the applicant had withdrawn both the appeals. The applicant formed a new Committee on 3/9/2013 and got it registered from the Registrar Office, Dehradun. Applicant lodged an FIR on 4/10/2016 that papers of his old Committee had fallen on the way. Applicant, along with a false affidavit, put his signature on the balance sheet for the year, 2013-2014, which was filed by Surendra Mittal, the respondent no. 2, and filed it before the Deputy Registrar Office, Dehradun with an undertaking that remaining balance sheet would be filed within two months. During the course of the investigation, it was found that the applicant had registered his Society on the basis of forged document, therefore, a charge-sheet has been filed against him before the Trial Court.