Uttarakhand High Court
Sudama Shukla vs State Of Uttarakhand & Others on 17 October, 2022
Author: S.K.Mishra
Bench: Sanjaya Kumar Mishra
IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL
Writ Petition (Criminal) No. 1900 of 2022
Sudama Shukla ..................... Petitioner
versus
State of Uttarakhand & others................ Respondents
Mr. Himanshu Pal, learned counsel for the writ applicant.
Mr. J.S.Virk, learned Deputy Advocate General for the State.
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Judgement dated: 17.10.2022
Hon'ble Sanjaya Kumar Mishra, J.
Upon hearing the learned counsel, the Court made the following Order.
1. By filing this writ petition, the petitioner has prayed for the following reliefs:-
(i) Issue a writ, order direction in the nature of Certiorari quashing the impugned First Information Report dated 20.04.2022 being FIR No. 146 of 2022 lodged under Sections 120, 420, 467, 468 and 471 of I.P.C., P.S. Haridwar, District - Haridwar (contained as Annexure No. 1 to the writ petition).
(ii) A writ, order or direction in the nature of Mandamus commanding/directing the respondents not to arrest the petitioner in connection with First Information Report dated 20.04.2022 being FIR No. 146 of 2022 lodged under Sections 120, 420, 467, 468 and 471 of I.P.C., P.S. Haridwar, District - Haridwar during pendency of the present writ petition.
2(iii) Issue any other relief, which this Hon'ble Court may deem fit and proper in the circumstances of the case be passed in favour of the petitioner.
(iv) Cost of the petition be awarded in favour of the petitioner."
2. It is admitted that the petitioner is not member of the Trust Board, which are managing the affairs, Sevapuja etc. of "Maa Mansa Devi Temple" situated in Haridwar. However, the petitioners by creating a Trust, named and styled "Shri Maa Mansa Devi Temple Dharmarth Trust" has started managing the affairs of the said temple.
3. Therefore, the respondent no. 3 filed an F.I.R.
against them and F.I.R. has been registered under Sections 120, 420, 467, 468 and 471 of the Indian Penal Code, 1860, (hereinafter referred to as "the Penal Code" for brevity).
4. Learned counsel for the petitioner would submit that the offence under Sections 120, 420, 467, 468 and 471 of the Penal Code are not made out. However, the Trust has been created with oblique motive of taking over possession of "Maa Mansa Devi Temple", and therefore, this Court is of the opinion that by fraudulent means, the petitioners are trying to grab the property as well as 4 the temple of Maa Mansa Devi, which is a very renowned temple of Uttarakhand.
35. Learned counsel for the petitioner would submit that the case of the present petitioner is different from that of the earlier decided petitions. However, this Court is of the view that the petitioner also becomes a part of those persons, as he is acting as priest of the Deity, under their direction.
6. In that view of the matter, this Court is not inclined to interfere in this matter. Accordingly, the writ petition is dismissed being devoid of merits.
(S.K.Mishra, J.) (Grant urgent copy of this order as per Rules) Kaushal