STATE Vs. Y V MEHRA

JUDGEMENT

(1.) This Criminal Misc. Petition (M) under S. 482 read with Section 397/401 of the Cri. P.C. has been directed against the two orders passed by the learned Sessions Judge, Kangra Sessions Division, Camp at Chamba, dated Dec. 11, 1985 and Jan.7,1986, in Sessions Case No. 11, 1985, filed on behalf of Radhasoami Satsang (Beas), (hereinafter referred to as the Satsang), through its local Secretary at Dalhousie, Shri Tara Singh.

(2.) The fact giving rise to this petition are more or less undisputed. The Satsang is a religious denomination with its headquarters at Beas in the State of Punjab and it owns, inter alia; land and buildings at Moti Tibba in Dalhousie town, Himachal Pradesh, which property appears to be in the charge of the Local Secretary of the Satsang Shri Tara Singh, the petitioner herein.

(3.) On July 3, 1984, at 9.45 p.m. said Tara Singh lodged a report in the police station Dalhousie, wherein he alleged that the respondents (accused) Y.V.Mehra and others formed an unlawful assembly and after removing the fence which the Satsang had erected on the boundary line of its land and that of a High School at Moti Tibba, trespassed into the land of the Satsang where a construction of Satsang Hall was going on and not only demolished the structure of which the walls had been constructed up to the height of 13 feet and which was ready to be covered by a slab but also set fire to 15 doors and windows which were lying stacked over there for fixture in the new construction. It was further alleged that thereafter this unlawful assembly also took out certain timber of the Satsang kept in a shed and set fire to it. There were as many as 32 labourers working on that construction work at that time who were driven away by these respondents (accused) by pelting stones at them which resulted in injuries to some of them and when these labourers took shelter in the nearby house of the Satsang named Ellismere. the respondents (accused) threw stones at the said house thus breaking its window panes and also damaging car of the Satsang over there.