Uttarakhand High Court
WPCRL/243/2024 on 11 March, 2024
Author: Pankaj Purohit
Bench: Pankaj Purohit
Office Notes,
reports, orders or
SL. proceedings or
Date COURT'S OR JUDGES'S ORDERS
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Registrar's order
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WPCRL No.243 of 2024
Hon'ble Pankaj Purohit, J.
Mr. Narendra Bali and Mr. Devesh Bishnoi, learned counsel(s) for the petitioners.
2. Mr. Bhaskar Joshi, learned A.G.A. along with Mr. Deepak Bhardwaj, learned Brief Holder for the State.
3. Heard learned counsel for the parties.
4. Petitioners have impugned the First Information Report No.0056 of 2024 dated 27.01.2024 lodged with Police Station Haridwar, District Haridwar by one Deepak Kumar against the petitioners and other accused persons.
5. The gravamen of the argument which has been advanced by learned counsel for the petitioners is that earlier there was a trust created by Swami Rameshwaranand, but after his death, the selfsame trust was created by Swami Awdheshanand, which was subsequently revoked by Swami Awdheshanand himself. Against the revocation of the said trust by Swami Awdheshanand, an Original Suit No.238 of 2021 titled as Narayan Prem Rameshwaram Dharmarth Trust through Sanjay Bharmchari & another vs. Swami Awdheshanand & others was instituted, in which the informant-Deepak Kumar is one of the defendants. In the Original Suit No.238 of 2021, the relief which petitioners have sought is to declare the trust revocation 2 deed dated 05.08.2021 as void and further for restraining the defendants to interfere in the possession and management of the Trust Sri Narayan Prem Rameshwaram Dharmarth Trust.
6. It is submitted by learned counsel for the petitioners that the first information report has been lodged by the informant only to exert pressure upon the petitioners despite the civil litigation pending against them.
7. Issue notice to the respondent no.3. Steps to be taken within a week.
8. Having heard the learned counsel for the parties, as an interim measure, it is provided that during the pendency of the present writ petition, no coercive measure shall be taken against the petitioners, pursuant to the impugned FIR, provided they cooperate in the investigation.
9. List on 13.05.2024.
10. Stay application (IA No.1/2024) stands disposed of accordingly.
(Pankaj Purohit, J.) 11.03.2024 AK 3