MAHANT CHAND NATH YOGI Vs. STATE OF HARYANA

JUDGEMENT

(1.) Through this petition, the petitioner seeks quashing of FIR No.17 dated 24/1/1999, under Sections 302/120-B IPC, P.S. Bawal, District Rewari. The brief facts as set out in the petition are that Shri Shreo Nath was the Mahant and Guru of Gaddi Math, Asthal Bohar. Petitioner as well as one Baba Azad Nath were the Chelas of Mahant Shri Shreo Nath. Mahant Shri Shreo Nath executed a registered Will on 24.5.1984 in favour of petitioner declaring him as successor to his Gaddi. In a civil suit filed at District Courts, Karnal on 30.7.1984, Mahant Shri Shreo Nath, as per statement Annexure A-6 deposed that he had appointed petitioner as his heir by performing all the ceremonies. Mahant Shri Shreo Nath expired on 7.1.1985 and petitioner was declared as successor of Mahant Shri Shreo Nath by performing Chaddar Rasam on 9.1.1985. It may be relevant to mention here that Baba Azad Nath never challenged the Mahantship of the petitioner in any Court of law nor did he challenge the Will executed by Mahant Shri Shreo Nath. Baba Azad Nath started residing in village Asalwas since 1984, which is at a distance of about 100 kilometres from the Math of Baba Mast Nath at Asthal Bohar (Rohtak). He did not even interfere with the affairs of the Math.

(2.) It is further pleaded that petitioner incurred wrath of Shri Om Parkash Chautala, respondent No.2 as he refused to meet his demand of paying a sum of Rs.2 crore by 10th March, 2001 and for that he had even received threatening phone calls. Respondent No.2 directed the authorities to create all sorts of hindrances in the functioning of the institutes run by the Trust.

(3.) The petitioner received several threats to his life at the behest of respondent No.2. Petitioner submitted a complaint on 5.2.2001 to Superintendent of Police, Rohtak, whereupon FIR No.42 dated 5.2.2001 under Section 387 IPC was registered at Police Station Sadar Rohtak. However, petitioner's request for providing adequate security was declined. Petitioner, thereafter, submitted a representation to the District & Sessions Judge, Rohtak, who directed the Superintendent of Police, Rohtak to provide adequate security to the petitioner. Despite the aforesaid order, the State Government failed to provide any security to the petitioner. Under the directives of respondent No.2, by getting disclosure statements of hardened criminals, namely, Krishan Singh, Manjit Singh and Ashok Kumar recorded in the year 2001, the petitioner was falsely implicated with the aid of Section 120-B IPC, in the aforesaid FIR No.17 dated 24/1/1999 relating to murder of Baba Azad Nath by some unidentified person, which was registered on the basis of statement of one Randhir Singh, a resident of native village of Baba Azad Nath. According to Randhir Singh, on 24/1/1999 at about 5.00 P.M. he had gone to see Baba Azad Nath in Shiv Temple, Village Asalwas. At about 6.30 P.M., Baba Azad Nath came out and was sitting with sewaks including Tej Pal son of Ami Lal, Jaina son of Prabhata and Ombir son of Ram Pal. At that time, a person aged 25/26 year, wearing shirt and pant and muffled in black Loi came there and desired to smoke sulpha, on which Baba replied that he could not offer him sulpha, but he could take meals. When he refused to take meals, Baba told him, if he does not want to take meals he could go from the front gate. Thereafter, the complainant and others started taking meals and Baba went to the back side for urination. About 4-5 minutes thereafter, there was a big noise of Phataka (firework) and Baba gave a call 'Bhajio' (run).