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Judgment
Prafulla C. Pant, J.—Heard.
By means of this writ petition moved under Article 226 of Constitution of India, the Petitioner has sought quashing of the First Information Report 07.04.2011, registered as Crime No. 115 of 2011, relating to offences punishable u/s 120B, 420, 467, 468, 471 and 511 I.P.C., Police Station Haldwani, District Nainital.
Brief facts of the case are that All Saints School and Sherwood College are situated in Nainital. The two schools were earlier being run by Lucknow Diocese of Church of India. Said Diocese got bifurcated into two diocese i.e. Diocese of Lucknow and Diocese of Agra in the year 1976. It is pleaded that Churches situated presently in the territorial area of Uttarakhand came under the jurisdiction of Agra Diocese of Church of North India. Accordingly the management of the two schools vested with Bishop of Agra Diocese. A dispute arose after two Bishops sought renewal of the Societies running the aforesaid institutions for their renewal. The dispute appears to have been settled by Sub Registrar of Societies and Chits, Haldwani, vide its order dated 28.03.2011, in which it was observed that the bifurcated proceedings are not inaccordance with the rules.
The impugned F.I.R has been lodged by the complainant (Respondent No. 3) without mentioning anything about the report dated 28.03.2011 of the Sub Registrar of Societies and Chits Haldwani, by moving an application u/s 156(3) of Code of Criminal Procedure., alleging that the accused have forged the papers to grab the properties of the Church.
Learned Counsel for the Petitioners submitted that neither it is disclosed as to what document was forged and who forged it nor when such an act is done. It is pleaded that it is abuse of process of law on the part of the complainant (Respondent No. 3) to implicate the Petitioners in the criminal case, where their existed at the most a civil dispute between the parties. It is contended that ingredients of the alleged offences are not made out.
Admit the petition.
Learned Counsel for the Respondent Nos. 1 and 2 prays for and is allowed four weeks time to file the counter affidavit.
Learned Counsel for the Respondent No. 3 also prays for and is allowed four weeks time to file the counter affidavit.
Having considered submissions of learned Counsel for the parties, and after going through the papers on record, as an interim measure, it is directed that the Petitioners Elvin Masih and Purely Lingdo Moderator shall not be arrested in connection with aforesaid crime during investigation, provided they cooperate with the investigating agency. (Stay Application No. 6031 of 2011, stands disposed of).
List after four weeks.