Ven. M. Wimalasara Thera vs The State of Bihar and Others

All that has happened is that the learned Judge has declined to interfere in the writ jurisdiction of the High Court on the petition. The Petitioner filed C.W.J.C. No. 7080 of 2002: Ven. M. Wimalasara Thera v. The State of Bihar and Ors. The contention of the Petitioner is that the bank at Gaya, the Indian Overseas Bank, has wrongly restrained him from operating the account. The contention of the Petitioner is that the bank took this decision upon a communication of the Deputy Superintendent of Police, Gaya.

This matter cannot be seen in isolation. On record is the order of the 1st Additional Sessions Judge, Gaya in Police case No. 34 of 2002 between the Petitioner Ven. M. Wimalasar Thera v. The State of Bihar. The order is dated 10 July, 2002. A bail had been applied by the Petitioner and this had been rejected. What were the charges against the Petitioner? The charges against the Petitioner were under Sections 406, 420 and 379/34 of the Indian Penal Code.

Less the Court mentions about the matter the better it would be as a trial is pending. The Court cannot help noticing that the Petitioner belongs to Ian ecclesiastic order. He is a priest and it does look strange that a priest should be facing criminal charges of the nature indicated. Rightly, the learned Judge declined to interfere in the matter when a criminal action is pending against the petitiner for misappropriation of monies.

The learned Judge has committed no error in declining to interfere on the writ petition.

Dismissed.