SHITAL CHANDRA DATTA Vs. BABU RAM JODAUN

JUDGEMENT

(1.) THIS revision is from the judgment of the Civil and Sessions Judge Agra, dated June 9, 1964, upholding the order of the Additional District Magistrate (Judicial) dated 22-2-1964 dismissing an objection of the applicant (accused) against the validity of a complaint in respect of offences under Sections 153, 295a and 500 I. P. C.

(2.) IN the city of Agra there are two sects of the Radha Soami faith; one of whom is represented by the Dayal Bagh group and the other by the Swami Bagh group of the same faith. There was a dispute between the said two groups over possession of a plot of land in village Jaganpura, distrct Agra. The Soami Bagh group had obtained possession over this plot on 17-7-1962 by an order of the consolidation authority. On 12-10-1963 Babu Ram Jadaun Secretary of the Dayal Bagh Satsangh Sabha, sent a letter to Shital Chand Datta, Secretary, Soami Bagh saying that the crop in the above-mentioned plot had been sown by the Dayal Bagh group and so they had a right to harvest the same. He requested the Soami Bagh people to remove the wire fencing and allow his group to cut and remove the crop. In the letter it was hinted that if barbed wire was not removed some one might get hurt and in that event the Soami Bagh group would be responsible for it.

(3.) IN reply to the above a telegram followed by a letter dated 16-101963 was sent by Shital Chand Datta (accused) to Babu Ram Jadaun, Secretary of Radha Soami Satsangh Sabha. The said letter, so far as material, reads as follows: "we have proof that Sri Gur Charan Das Mehta Ji Maharaj has incited the residents of Dayal Bagh to commit criminal trespass over the land in possession of the Soami Bagh and commit robbery in respect of crops. . . . . '