GOPALJI BRAHMACHARI Vs. PARSHOTTAMCHARI

JUDGEMENT

(1.) This is an application by Gopalji Brahmachari Under Sec. 476 Code of Criminal Procedure for ordering the prosecution of the opposite party, Parshottamchari for having filed a false affidavit in this Court in Cr. Rev. No. 179 of 1964 Baddu Singh and Pratap Singh v/s. Gopalji. The facts giving rise to the instant application are as under. Adi Shankaracharya had established various Maths, one of them being Jyotirmath near Badrikashram in the district of Chamoli. Swami Brahmanand Saraswati was the Shankaracharya of Jyotirmath. After his demise a dispute arose between Swami Krishna Bodh Ashram and Swami Shantanand Saraswati, inter alia regarding possession and management of the Math. Gopalji Brahmachari is the Agent and Attorney of Swami Krishnabodh Ashram, while Baddu Singh and Pratap Singh are servants and employees of Swami Shanta Nand. As agent and attorney of Swami Krishnabodh Ashram, Gopalji had filed an application Under Sec. 145 Code of Criminal Procedure in respect of the Math against Baddu Singh and Pratap Singh servants of Swami Shanta Nand. The Magistrate found the second party to be in possession and restrained the first party from interfering with their possession. Being dissatisfied with the above finding, Gopalji went up in revision to the Sessions Judge, who made a reference to that High Court. This Court quashed the proceedings and remanded the case to the Magistrate for re -hearing. On remand, the Magistrate attached the Math property by his order dated 20 -11 -1963. Baddu Singh and Pratap Singh felt aggrieved by the aforesaid order of attachment of the Math property and went up in revision to the District Magistrate of Chamoli, who dismissed the same by his order dated 21 -1 -1964. They then filed Cr. Rev. No. 179 of 1964 in this Court on 31 -1 -1964, wherein Gopalji was arrayed as opposite party. By his order of that date, Mathur, J. gave certain directions to the Magistrate for interim arrangement and possession of the Math, after hearing the parties. In compliance of the aforesaid order of Mathur, J. the Magistrate by his order dated 18 -3 -1964 put the Math property under the interim management and supurdagi of Gopalji. Baddu Singh and Pratap Singh felt aggrieved by the aforesaid order and went up in revision to the District Magistrate of Chamoli who dismissed the same on 23 -6 -1964. Thereafter they filed Cr. Rev. No. 1471 of 1964 in this Court.

(2.) On 10 -5 -1965 Baddu Singh and Pratap Singh filed Cr. Misc. Appl. No 128 of 1965 in Cr. Rev. No. 179 of 1964, saying that Gopalji, opposite party, who had been entrusted with the management of Jyotirmath by the Magistrate, had become a lunatic with the result that the Math was lying in an abandoned condition, without any body taking care of it and that there was no person to look after the sanyasis and sadhus visiting Badrinath and Kedarnath. In the end a prayer was made for appointment of a Receiver or another Supurdar for the Jyotirmath. In support of the above application, the affidavit of Swami Parshottamchari (present opp. party) was filed, who deposed on his personal knowledge that Gopalji had become a lunatic and the math property was lying in an abandoned condition. This application came up before me on 18 -5 -1965, when I directed the SDM Joshimath to enquire into the matter and if he found that Gopalji had become insane and was not capable of managing the Math, he should forthwith be substituted by another competent supurdar.

(3.) In his report dated 29 -7 -1965 the SDM remarked as under: