BRAHMCHARI PANDEY Vs. M M SWAMI SUDARSHNANAND GIRI
LAWS(UTN)-2013-7-160
HIGH COURT OF UTTARAKHAND
Decided on July 17,2013

Brahmchari Pandey Appellant
VERSUS
M M Swami Sudarshnanand Giri Respondents

JUDGEMENT

- (1.) Petitioner has invoked inherent jurisdiction of this Court under Section 482 Cr.P.C. assailing the summoning order dated 05.07.2010 passed by the Judicial Magistrate Haridwar whereby petitioner was summoned under Sections 504 and 506 I.P.C.
(2.) Brief facts of the present case are that complainant has filed Criminal Complaint, inter alia, stating therein that complainant is the President and Manager of Mohananand Sewa Ashram Sanskrit Madhyamik Vidhalaya, Railway Road Raja Ka Sahaspur Bilari, Moradabad; Ashram runs education institutions; petitioner is an Assistant Teacher in a School at Moradabad being run by the Ashram; on 15.02.2010, at about 4:00 p.m., petitioner alongwith Haribabu Chandra entered into the Ashram at Haridwar and told the complainant that complainant has already been defamed in Moradabad, now shall be defamed at Haridwar too; accused started abusing the complainant and extended life threat by saying if complainant comes to Moradabad Ashram, he would be killed.
(3.) Complainant in his statement recorded under Section 200 Cr.P.C and CW2 Mahant Jaiprakash, CW3 Brijesh Kumar, CW4 Pawan Kumar Garg and CW5 Tara Das stated before the summoning Magistrate that on 15.02.2010 at about 4:00 p.m., petitioner alongwith Haribabu Chandra, having forcibly entered into the Ashram, started abusing the complainant and extended life threat to the complainant saying if complainant dare to come at Moradabad Ashram once again, he would be killed; learned summoning Magistrate, having discussed the statements of the complainant as well as of CW2 Mahant Jaiprakash, CW3 Brijesh Kumar, CW4 Pawan Kumar Garg and CW5 Tara Das, formed an opinion that prima-facie offences punishable under Section 504 and 506 I.P.C. are made out justifying the summoning.;


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