Allahabad High Court
Dinkar Nishad vs State Of U.P. Thur. Prin. Secy Home Lko. ... on 26 September, 2024
Author: Saurabh Lavania
Bench: Saurabh Lavania
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH ?Neutral Citation No. - 2024:AHC-LKO:66864 Court No. - 13 Case :- APPLICATION U/S 482 No. - 8688 of 2024 Applicant :- Dinkar Nishad Opposite Party :- State Of U.P. Thur. Prin. Secy Home Lko. And Another Counsel for Applicant :- Sudhir Kumar Mishra Counsel for Opposite Party :- G.A. Hon'ble Saurabh Lavania,J.
Heard.
Present application has filed by the applicant to quash the entire impugned criminal proceedings of Criminal Case No. 4138 of 2024, arising out of Case Crime No. 332 of 2023 under Section 419, 420, 467, 468, 471, 120-B IPC, P.S.-Jaisinghpur, District-Sultanpur as well as Charge Sheet No. 1/2024 dated 26.03.2024 including impugned order dated 01.07.2024.
The relief aforesaid has been sought on the ground that the dispute essentially is of civil in nature and the FIR, the basis of pending criminal proceedings, registered as Case Crime No. 332 of 2023, under Section 419, 420, 467, 468, 471, 120-B IPC, P.S.-Jaisinghpur, District-Sultanpur, was lodged on 22.10.2023 against six named persons.
From the FIR as also the documents on record i.e. trust deed dated 05.03.2013 (Annexure No. 4), dissolution of deed of trust dated 16.01.2023 (Annexure No. 5), fresh trust deed dated 03.02.2023 (Annexure No. 6), dissolution of deed of trust dated 21.10.2023 (Annexure No. 7), copy of trust deed dated 08.09.2023 (Annexure No. 8), copy of Will deed dated 08.09.2023, copy of dissolution of Will dated 21.10.2023, copy of sale deed dated 08.09.2023 favourable to the applicant, copy of sale deed dated 21.10.2023 executed by the applicant and co-accused Sharad Kumar, copy of trust deed dated 07.08.2024, the facts which borne out are as under:-
A trust was created on 05.03.2013 for public charitable purposes namely Sri Guru Govind Singh Shaikshik Evam Dharmarth Trust Velhari Sultanpur (in short "Trust") and the property in issue i.e. Gata Nos. 2704/0.0150 hect. and 2639/0.0690 hect. situate at Village and Pargana-Barausa, Tehsil-Jaisinghpur, District-Sultanpur, belongs to the Trust and Maharishi Dattatreya Sadanand 84 Maharaj Ji (hereinafter referred to as "Maharaj Ji") resident of Village and Post-Velhari, District-Sultanpur, aged about 90 years, is the President of the Trust.
The applicant/Dinkar Nishad, his father namely Satiram Nishad and co-accused/Sharad Kumar appears to be main culprit, as per FIR.
Co-accused Sharad Kumar and Satiram Nishad (father of applicant) got a Will dated 08.09.2023 executed in their favour by the President of the Trust namely Maharaj Ji.
The Trust, at the instance of applicant and other co-accused, was dissolved through dissolution deed dated 16.01.2023. Thereafter, a fresh Trust deed was created on 03.02.2023 in which, name of the applicant and co-accused/Sharad Kumar have been indicated as Trustee.
It would be relevant to indicate here that initially the applicant and other co-accused/Sharad Kumar were sewadar of Maharaj Ji.
On 21.10.2023 another deed of dissolution of Trust (Annexure No. 7 to the present application) was prepared, signed and registered in the Office of Sub-Registrar, Tehsil-Jaisinghpur, District-Sultanpur and a perusal thereof would show that it relates to Trust deed dated 16.01.2023, however, in relation to this deed, nothing has been pleaded in the present application.
Annexure No. 8, copy of the Trust deed 08.09.2023, indicates that a fresh Trust was created and the applicant, his father namely Satiram Nishad and co-accused/Sharad Kumar were made Trustee of this newly created trust. However, no document with regard to cancellation of Trust deed dated 08.09.2023 has been placed on record nor any pleadings have been made in this regard.
Annexure No. 9, Will dated 12.06.2023 and subsequent to the same, deed of cancellation of Will dated 21.10.2023 (Anneuxre No. 10) indicates that the applicant and co-accused/Sharad Kumar got executed a Will in their favour and testator of the Will namely Maharaj Ji, reasons best known to him, cancelled the Will deed dated 12.06.2023, favourable to the applicant and co-accused Sharad Kumar.
Another document dated 08.09.2023 i.e. copy of registered sale deed, indicates that Maharaj Ji transferred the land i.e. Gata Nos. 2704/0.0150 hect. and 2639/0.0690 hect., detailed hereinabove, to applicant and co-accused/Sharad Kumar and it appears that when this transaction was opposed, the applicant and co-accused/Sharad Kumar transferred the said land to Maharaj Ji by the registered sale deed dated 21.10.2023.
Annexure No. 14, a copy of registered Trust deed dated 07.08.2023 indicates that Maharaj Ji has put his signature on this deed and applicant and co-accused/Sharad Kumar have not been made Trustee to this Trust.
It would also be apt to indicate here that the property of a Trust cannot be transferred without seeking permission in terms of the Indian Trusts Act, 1882 from the District Judge concerned.
Considering the aforesaid facts of the case and the law on the issue involved, this Court is not inclined to interfere in the matter.
Accordingly, the application is dismissed with liberty to applicant to approach the Court concerned by preferring an appropriate application(s) seeking bail as also the discharge, which shall be decided by the Court concerned, in accordance with law, expeditiously.
Order Date :- 26.9.2024 Vinay/-