BHASKAR RAJ SAXENA Vs. SUDERSHAN AUSEKHAR

JUDGEMENT

(1.) The petitioner seeks to quash the proceedings initiated against him in CC No.81 of 2000 on the file of the 14th Metropolitan Magistrate, Hyderabad.

(2.) The first respondent herein filed a private complaint for the alleged offence punishable under Section 500 of the Indian Penal Code against the petitioner before the 14th Metropolitan Magistrate Court, Hyderabad. The learned Magistrate had taken cognizance of the same and directed the process to be issued to the accused therein namely the petitioner. The petitioner pursuant to the said process appeared before that Court. Thereafter, he filed the present petition for quashing of the proceedings.

(3.) The factual matrix germane in the context for consideration and for effective adjudication of the same may be set forth thus: The petitioner is the son of late Narahar Raj Sexena. The said Narahar Raj Saxena was trustee of Sri Ramachandraji temple situated at Salibanda, Hyderabad and the appurtenant house constructed about 150 years back. The said temple and house were said to have been gifted by one late Alam Chand to the forefather of the complainant Sri Sudershan Ausekhar. The father of the petitioner late Narahar Raj Saxena is said to have bequeathed the said temple and residential portion of the house in favour of the complainant on 3-10-1976 to the exclusion of his sons Bhaskar Raj Harihar Raj, Narayana Raj, Janardhan Raj and Surender Raju on the ground that they were not interested in the upkeep and welfare of the temple. It is stated further that since then Sudershan Ausekhar the complainant has become the Archaka-cum-Managing Trustee of the temple.