SANT DAS MAHESHWARI Vs. BABU RAM JODOUN

JUDGEMENT

(1.) THERE are two branches of the Radhasoami faith at Agra, one going by the name of Dayal Bagh and the other, Swami Bagh. Sri Sant Das Maheshwari, the appellant in this appeal, belongs to the Swami Bagh section and is the author of two books "correspondence with certain Americans" and "radhasoami Faith, History and Tenets". The writ petition moved by the appellant invoking the jurisdiction of this Court under Article 226 of the Constitution traces the history of Radhasoami faith and how it was split up into two branches, but we are hardly concerned with the same in the disposal of this appeal. The two books were alleged by those belonging to the Dayal Bagh section to have been written in a manner so as to outrage their religious feelings and the allegation on behalf of Radhasoami Satsang Sabha, Dayal Bagh, was that there was a deliberate and malicious intention to do so in bringing out these two books. It was with these allegations that Radhasoami Satsang Sabha, acting through its Secretary, Sri Babu Ram Jadoun, approached the State Government and secured its sanction for the prosecution of Sri Sant Das Maheshwari under Section 196 of the Code of Criminal Procedure. The sanction having been obtained, a complaint was filed by "sri Babu Ram Jodoun (Secretary, Radhasoami Satsang Sabha, Dayal Bagh)" against Sri Sant Da3 Maheshwari and Sri Dharam Chand Bhargava, who was described as the Manager, and Printer of Amrit Electric Press, Agra, where these books were alleged to have been printed, under Section 295-A of the Indian Penal Code.

(2.) WHILE the case was pending, an application was moved under Section 96 of the Code of Criminal Procedure for a search of the premises of the appellant and seizure of such materials connected with the publication and printing of the two books as may be found there. The Magistrate was also requested to give a direction to the police to prepare an inventory of the things taken in possession and to place them in the custody of some impartial supurdar and in case no such person was found, to take the entire material in their possession and deposit the same in the police Malkhana. The application having been allowed, warrants were issued as prayed, Sant Das Maheshwari went up in revision to the Additional District Magistrate (J) against this order, but without any success. By the time the revision application was heard the search had already taken place and the stock of books, registers and other documents were taken possession of by the police. The applicant pressed before the Additional District Magistrate that these books and records should be returned to him but he did not accept this request, observing that release orders could not be passed by him though it was open to the applicant before him to make such a request to the trial court which might "in its discretion pass such suitable orders as it deems fit according to the circumstances of the case. "

(3.) THE appellant then moved the writ petition under Article 226 of the Constitution and prayed for the issue of a suitable order, direction or writ in the nature of certiorari, quashing the order of the State Government dated 27th March, 1961, sanctioning the prosecution of Sri Sant Das Maheshwari and the printer of the two books, the complaint filed by Sri Babu Ram Jadoun on 5th April, 1961, the order of the Magistrate dated 5th April, 1961, passed under Section 96 of the Code of Criminal Procedure and the order of the Additional District Magistrate (J) under which the revision application of the appellant was dismissed. The petition having been dismissed by our brother Dwivedi, J. the appellant has come up in appeal.