VIJAY SINGH Vs. DR. GOPAL PRASAD SHRIVASTAVA

JUDGEMENT

(1.) This revision under section 401 of the Code of Criminal Procedure, 1973 has been filed to assail the order dated 19.6.2015 passed by 8th Additional Sessions Judge, Bhopal, in Criminal Revision No. 829 of 2012, wherein the order dated 24.8.2012 passed by Judicial Magistrate First Class, Bhopal, in unregistered compliant case [Gopal Prasad Shrivastava v. Vijay Singh and others] under sections 419, 420, 467, 468, 201, and 120-B read with section 34 of the Indian Penal Code has been set aside and directed the learned Judicial Magistrate First Class to proceed with t he case after affording opportunity to the complainants to produce evidence oral and documentary and to pass order in accordance with law. Aggrieved by this, the accused no. 1/Vijay Singh and accused no. 2/Prabhat Kumar Gupta, who have been arrayed in the complaint, have filed this revision.

(2.) The factual matrix of the case in brief, is that the complainants, namely, Dr.Gopal Prasad Shrivastava, Surendra Chandra Sood, Satyendra Prakash Sarvaiya, Smt.Urmila Sarvaiya and Om Prakash Khurana have filed criminal complaint before the Judicial Magistrate First Class, against the present petitioners and accused no. 3/Dr. H.S. Dwivedi and Secretary of the Federation, Theosophical Society and accused No. 4/S. Sundaram, General Secretary, Theosophical Society, Varanasi (UP). It is alleged that Theosophical Society was established long back and the present complainants are its members since 1961. The petitioner no. 1 - Vijay Singh taking advantage of serious illness of the then President, namely, S.B. Shukla interfered in the work of Theosophical Society and changed the documents and submitted fresh registration form. It is also alleged that the petitioner no. 1 was running a Coaching Class and gradually captured the Theosophical Society. Then the complainants/respondents no. 1 to 5 lodged a complaint with Dr. Dwivedi, the Secretary of the Society (respondent No. 6). The petitioner no. 1 got annoyed with this and had threatened the complainants/respondents no. 1 to 5

(3.) On 02.9.2008, on the pretext of meeting with Satyavir Tyagi a meeting of Theosophical Society was called. In which suddenly election was declared. The petitioner was shown as the Secretary of the Society. The petitioner no. 2 declared the petitioner no. 1 as the President of the Society and petitioner no. 2 became the Secretary of the Society. He also declared his brother as the Vice President of the Society and his father as the Treasurer of the Society. The senior members of the Society were not included in the executives. In this general meeting G.R. Belekar was shown to have attended the meeting and signed the minutes. Whereas the death of G.R. Belekar occurred much prior to that date.