MAHANTH BISHAMBHAR SARAN DEOJEE CHELA RASH BIHARI SARAN DEOJEE AND OTHERS Vs. THE STATE OF BIHAR AND ANOTHER

JUDGEMENT

(1.) The petitioners have filed this application under section 482 of the Code of Criminal Procedure, 1973 (hereinafter referred as 'the Code'), seeking setting aside of order dated 3.7.2012 passed by the learned CJM Gopalganj in Complaint Case No. 1154 of 2012 taking cognizance of the offence under Sections 420, 467 and 468 of the IPC.

(2.) The brief fact giving rise to this case is that the complainant was appointed as Mahanth of Koiladewa Math by order dated 5.1.2009 by the Administrator-cum-OSD of the Bihar State Religious Trust Board. The said appointment was challenged in a writ application vide CWJC No. 9493 of 2010 and in the light of the order passed by the High Court, the Religious Trust Board appointed Mukund Saran as temporary Mahanth of the Math, who took over the charge of the movable and immovable property of the Math. By order dated 9.8.2011 the Bihar State Religious Trust Board declared Koiladewa Math as a public Math. Thereafter the complainant came to know regarding the sale deeds executed in respect of the math property by petitioner No. 2. Being property of the math, execution of the sale deeds was illegal. Those sale deeds were executed between the year 1999 to 2000.

(3.) Learned Counsel appearing on behalf of the petitioners submits that the complainant earlier himself claimed to be disciple of Bhagwati Saran, who had filed a title suit bearing T.S. No. 23 of 1988 for declaring him as the Mahanth of Koiladewa Math. The basis of his claim is the nomination letter of Hathua Raj and the case was being contested by petitioner No. 1 of this application, Mahanth Bishambhar Saran Deojee who also claimed himself as Mahanth of the Math. Both sides claimed that the Math is a public property. He further submits that there is no allegation against the petitioner No. 1 regarding execution of sale deed. The sale deed has been executed by petitioner No. 2 in the year 1999 to 2000 to petitioner Nos. 3, 5 and 7. Learned Counsel for the petitioner submits that the lands were sold to his father in the year 1972 by the then Mahanth and so he had executed the sale deeds and the Math was declared to be a public math by the Bihar State Religious Trust Board in the year 2011. Learned Counsel further submits that no ingredient of making forged document as well as cheating to the complainant is made out in this case.