LAWS(ALL)-2010-11-156

NAVIN I. HARISON Vs. STATE OF U.P.

Decided On November 10, 2010
Navin I. Harison Appellant
V/S
STATE OF U.P. Respondents

JUDGEMENT

(1.) This application has been filed by the applicants Navin I. Harison, S.S. Nox, A.R. Stephen and H.R. Mall with a prayer to quash the summoning order dated 31.3.2010 passed by the learned A.C.J.M. VII, Jhansi, in Complaint Case No. 299 of 2009 whereby the applicants have been summoned to face the trial for the offence punishable under Sections 420, 467, 468, 120B, 504 and 506, I.P.C. and to quash the proceedings of Complaint Case No. 299 of 2009 pending in the court of learned A.C.J.M. Room No. 7, Jhansi.

(2.) The facts of the case in brief are that an application under Section 156(3), Code of Criminal Procedure has been filed by Sri Stiphen Singh, O.P. No. 2 the same was treated as a complaint by the learned C.J.M., Jhansi vide order dated 30.5.2008, thereafter, the statement of O.P. No. 2 was recorded under Section 200, Code of Criminal Procedure and statement of Harlet and Naresh Rai Kawar, has been recorded under Section 202, Code of Criminal Procedure, after considering the same the learned A.C.J.M., Court No. 7, Jhansi has taken cognizance and summoned the applicants and other co-accused to face the trial for the offence punishable under Sections 420, 467, 468, 120B, 504 and 506, I.P.C.

(3.) It is alleged that O.P. No. 2 was the Secretary/Attorney of Bundelkhand Church Counsel of North India Synod of United Church of Northern India, whose branch office is situated at C.I.C. Campus Jokhan Bagh, P.S. Navabad district Jhansi, its affiliated body was the management committee of Christian Intermediate College, its Registration No. was 139/69-70, which was being misused by Navin I. Harison, S.S. Nox, A.R. Stephen and H. R. Mall, all the members of the managing committee of Church of Northern India (C.N.I) who by concocting/fabricating and forging the papers were misguiding the people. It was further alleged that Deepakdas and Solomen Vikram Singh are forging the papers and by committing the forgery got mentioned the name of Abdul Kareem in the management committee of Board of Education and unlimited powers have been given to the co-accused Jeoram James, who are causing financial loss to the committee and defaming it. All the accused persons are very powerful persons, they are having the association with the persons of criminal backgrounds, when the complainant O.P. No. 2 discussed this issue with the co-accused Sanjeet Lal, Abdul Kareem and Jeoram James, they hurled abuses and extended life threat to the complainants.