BRAHMCHARINI SAMPARPITA Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) Heard learned counsel for the applicants and learned Deputy Advocate General for the State of Uttarakhand.

(2.) This C482 application has been filed with the following prayers: "It is, therefore, most respectfully prayed that this Hon'ble Court may graciously be pleased to quash charge sheet dtd. 19/12/2013 and the impugned cognizance order dated 08- 07-2014 passed by Judicial Magistrate, 1st Class, Srinagar Garhwal in Misc. case no. 47 of 2014 'State V/s Hemant Dhyani and others' U/s 147, 504, 506 I.P.C., P.S. Kotwali Srinagar, District Pauri Garhwal. It is further prayed that this Hon'ble Court may graciously be pleased to stay the further proceedings of Misc. case no. 47 of 2014 'State V/s Hemant Dhyani and others' pending before the Court of learned Judicial Magistrate, 1st Class, Srinagar, District Pauri Garhwal otherwise the applicants shall suffer irreparable loss and injury, which cannot be compensated in any manner."

(3.) Learned counsel for the applicants submits that applicant no.1 and 2 are sadhvis (spiritual seeker) residing in an ashram near Ganga and are well known peace loving citizens. They have been actively participating in the campaigns of save environment and save Ganga in last few years; that, applicant no.3 and 4 are the research scholars in Delhi; that, on 13/5/2013 on the auspicious day of Akshay Triteeya, applicants were performing puja at the Dhari Devi Temple when a group of anti-social elements shouting slogans in an aggressive manner gathered outside the temple and tried to enter the temple and instead of stopping these persons the police authorities asked the applicants to leave the temple; that, FIR was lodged by Shri Hemant Dhayni (in which applicants were witness); on 13/5/2013 at 15:45 against respondent no.2 and other persons which was registered as Case Crime No.18/2013; that, FIR was also lodged by Dr. Bharat Jhunjhunwala against respondent no.2 and others persons on 22/6/2012; though with regard to some other incident as the respondent no.2 and other persons were acting on behalf of GVK company; that, as a counterblast to the FIR lodged by Shri Hemant Dhyani (in which the applicants are witness), respondent no.2 also lodged FIR against Shri Hemant Dhyani and other persons on 13/5/2013 at 17:40 hrs which was registered as Case Crime No.19 of 2013; that, the learned Judicial Magistrate 1st Class, Srinagar took cognizance vide order dtd. 8/7/2014 against the applicants and the applicants have challenged the said cognizance order and the entire proceedings in the present C482 Application.