MAHANT RAM SARAN DASS Vs. SUB DIVISIONAL MAGISTRATE

JUDGEMENT

(1.) THE challenge in this petition under Section 482 of the Code of Criminal Procedure, is to the order Anneuxre P.10 dated July 17, 1998 passed in the complaint/application, under Sections 145 and 146 Cr.P.C.

(2.) THE facts culminating into this petition briefly stated are as follows : Mahant Ram Saran Dass-petitioner, Chela of Mahant Kishan Dev, is looking after the Mandir Shankar Dass, Amritsar with effect from February 5, 1963 as he was appointed a Mahant by virtue of a Will. Originally Shankar Dass was the owner of the Mandir. He gifted the property to Mahant Ram Kishan Dev vide gift deed in the year 1876. Thereafter, by virtue of Will executed by the respective Mahants, it passed on to their successors named in the successive Wills from time to time. Finally, the petitioner in whose favour Mahant Kishan Dev had executed a Will dated 5.2.1963 has been managing the affairs of the Mandir. He is in exclusive possession as owner. On 24.8.1996, succession certificate Annexure P.1 was granted in favour of the petitioner by Shri J.P. Mehmi, Civil Judge (Senior Division), Amritsar.

(3.) A civil suit filed by Rajesh Nagpal and others, against the petitioner, under Section 92 of the Civil Procedure Code, to the effect, that a Trust is required to be carved out regarding property of Thakur Dwara, known as Mandir Shankar Nath, consisting of Mandir Shankar Bhagwan, Radha Krishan and other Devi Devtas alongwith shops and other property attached to Mandir Shankar Nath situated in Bazar Peshamwala, Amritsar, is pending. Copy of the plaint is Annexure P.2. On an application under Order 39 Rules 1 and 2 of the Civil Procedure Code filed by the plaintiff, the Court had restrained the petitioner from disposing of the property. Earlier to that suit, Sudarshan Kaur and others had filed a suit in the Court of Smt. Sunita Kumar Arora, Civil Judge (Junior Division), Amritsar. It was dismissed as withdrawn, as per Annexure P.4.