Rajasthan High Court - Jaipur
Bijaya Kumar Nayak S/O Late Bodila Nayak vs State Of Rajasthan (2025:Rj-Jp:28379) on 28 July, 2025
Author: Sameer Jain
Bench: Sameer Jain
[2025:RJ-JP:28379]
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Criminal Miscellaneous (Petition) No. 3310/2025
1. Bijaya Kumar Nayak S/o Late Bodila Nayak, Aged About 62
Years, R/o Basanabadi, Terabadi, Kandhamal, Odisha Presently
Residing At 16, Pandit Pant Marg, Cni Bhawan, New Delhi.
2. Manoj Charan S/o Prithvi Raj Charan, Aged About 48 Years,
R/o 13/14, Old Sehore Road, Opposite Agriculture College,
Indore, Madhya Pradesh Presently Residing At 16, Pandit Pant
Marg, Cni Bhawan, New Delhi.
3. D J Ajith Kumar S/o Dennison Sarasam Jainy, Aged About 60
Years, R/o T C 11/1279(2), Cliff House Road, Nanthancode,
Kowdiar, P.o. Thiruvananthapuram, Kerala, Presently Residing
At 16 Pandit Pant Marg, Cni Bhawan, New Delhi.
4. Subrata Gorai, Aged About 56 Years, R/o 3C/1/1, Sukanta
Pally Paschim, Amrai, Durgapur, Barddhaman, West Bengal.
Presently Residing At 16, Pandit Pant Marg, Cni Bhawan, New
Delhi.
----Petitioners
Versus
1. State Of Rajasthan, Through Public Prosecutor.
2. Martin Daniel S/o Cross Vel Deniel, Aged About 57 Years, R/o Church Compound, Beawar City, Beawar, Rajasthan.
----Respondents Connected With S.B. Criminal Miscellaneous (Petition) No. 3311/2025
1. Bishop Raimson Victor, Aged About 44 Years, R/o C/o Christopher David Victor, 2X, C.n.i. Social Center, Jaipur Road, Opposite Roadways Bus Stand, District Ajmer. Presently Residing At Diocese Of Rajasthan, 2X, Cni, Social Center, Bus Stand Ke Samne, Ajmer, Beawar, Rajasthan.
2. Rakesh Samuel S/o C. V. K. Samuel, Aged About 54 Years, R/o 946/1, Opposite Christian Ganj, Ajmer, Rajasthan. Presently Residing At Diocese Of Rajasthan, 2X, Cni, Social Center, Bus Stand Ke Samne, Ajmer, Beawar, Rajasthan.
----Petitioners Versus
1. State Of Rajasthan, Through Public Prosecutor. (Downloaded on 02/08/2025 at 12:08:14 AM) [2025:RJ-JP:28379] (2 of 3) [CRLMP-3310/2025]
2. Martin Daniel S/o Cross Vel Daniel, Aged About 57 Years, R/o Church Compound, Beawar City, Beawar, Rajasthan.
----Respondents For Petitioner(s) : Mr. Ajatshatru Mina with Ms. Apeksha Tiwari Mr. Rajat Choudhary Mr. Movil Jeenwal Mr. Manav Sharma For Respondent(s) : Mr. Manvendra Singh Shekhawat, PP Mr. Rishi Raj Singh Rathore, PP with Mr. Vikram Singh Meena, SHO PS Beawar City Mr. Anirudh Tyagi for Mr. Saurabh Vaishnav HON'BLE MR. JUSTICE SAMEER JAIN Judgment 28/07/2025 The present petitions are filed with a prayer seeking quashing of FIR No.90/2025.
Learned Public Prosecutor has submitted that aggrieved employees have lodged the FIR alleging that a significant population of the Christian community resides in Beawar city, wherein, one of the oldest educational institutions namely Mission Boys reportedly possesses a large playground situated within its premises. It is further submitted that certain members of the Church-petitioners have misused their positions by renting out the said immovable property and by failing to deposit the said rental income into official accounts, thereby diverting and siphoning such funds for personal purpose.
Per contra, learned counsel for the petitioners has objected to the above said contentions of the respondents and has submitted that Books of Accounts of the society are duly audited. It is further submitted that approximately 30 institutes of akin nature are run by the (Downloaded on 02/08/2025 at 12:08:14 AM) [2025:RJ-JP:28379] (3 of 3) [CRLMP-3310/2025] petitioners. Further, it is submitted that certain service matters are subjudice before the concerned Courts against the respondents. Furthermore, it is submitted that on account of ongoing disputes inter- se the complainant and the petitioners qua the service matters, the present FIR is lodged.
In compliance with the directions passed vide erstwhile order, Investigating Officer has marked presence and has submitted that investigation in the instant matter is ongoing, however complete documents are not furnished by the petitioners.
Considering the foregoing facts and circumstances of the case, this Court deems it apposite to make the interim protection, granted vide order dated 21.07.2025, absolute subject to following conditions:-
(i) Petitioners are directed to join the investigation and fully co-
operate with the investigating authorities, whenever required.
(ii) Petitioners are directed to furnish the complete documents, which are necessary for the purpose of investigation.
Further, it is directed that investigation in the instant matter be conducted under the supervision of Superintendent of Police, in a fair and impartial manner, in accordance with law.
With the above directions, the present petitions are disposed of. Pending applications, if any, shall stand disposed.
(SAMEER JAIN),J DEEPAK/s-208-209 (Downloaded on 02/08/2025 at 12:08:14 AM) Powered by TCPDF (www.tcpdf.org)