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Under the circumstances, order taking cognizance is fit to be quashed.

Mr.Gadodia, learned counsel appearing for the complainant- opposite party no.2 submits that before the present Bishop took over the charge of the Dioceses of Simdega on 11.4.2008, the accused Rev.Josheph Minz was the Bishop of Simdega Catholic Diocese and in that capacity, he was President of the Society.

Due to administrative exigency, Governing Body in its meeting authorized Rev.Josheph Minz to function as Chief Functionary of the Society but that authorization was with a rider that he cannot exercise the power which was prejudicial to the interest of the Society and Dioceses. On account of such authorization, Rev.Josheph Minz (accused no.1) in connivance with this petitioner and other accused entered into several transactions and thereby they received huge amount for their personal gain. However, when present Bishop Rt. Rev. Vincent Barwa started functioning full-fledgedly, it could be detected that Rt. Rev. Joseph Minz without there being any authority had entered into several transactions with other persons and had opened account in the name of the Society by committing forgery.

In this regard, it was submitted that authorization given to Joseph Minz had been recalled on 3.4.2009, still he entered into an agreement with several persons, which was detrimental to the interest of the Society and the petitioner was one of the signatories to that agreement, though he had no authority to enter into such kind of agreement.

Further it was submitted that though authorization to function as Chief Functionary was revoked in April, 2009, account was opened thereafter on the basis of document relating to authorization which was admittedly not there and as such, accused persons created false and fabricated document.