M.Murtaza Husain, J. - (1.) This appeal has been filed by a complainant after obtaining special leave from this Court against the order dated 11-5-78 passed by a Magistrate of the 1st Class at Lucknow whereby he has acquitted the respondent of charges under Sections 295 and 448, I.P.C.
(2.) A Church building, with appurtenant residential quarters and open compound, lies in Mohalla Saadatganj in the city of Lucknow. These premises undis-putedly belong to Methodist Church of Southern Asia. In these premises the respondent was running a nursery school and a charitable dispensary since before the filing of the complaint which has given rise to this appeal. The complainant appellant, D.P. Titus, is the District Superintendent of Methodist Churches in Southern Asia. He filed a complaint with the allegations that in the year 1955 the respondent was appointed Pastor of Saadatganj Church which was consecrated property for worship by the Christians. It was entrusted to the respondent in the aforesaid capacity in order to hold regular prayers in the worship hall of the Church and to maintain the same for religious purposes. It was contended that in contravention of the directions issued to the respondent he was using the premises for secular purposes by opening a nursery school and feelings of Christian community were outraged through the conversion of the church into a secular institution. It was added that the respondent was transferred by the Bishop of Lucknow Annual Conference in 1964 from Saadatganj Church to Lucknow Christian College and Rev. Ghulam Qadir was appointed to succeed him, but the respondent neither handed over charge to him nor vacated the premises. A registered notice was issued to the respondent, but he did not comply with it. It was thus contended that offences under Sections 295 and 448, I.P.C. were committed.
(3.) The stand taken by the respondent in the trial court was that Saadatganj Church had ceased to remain a Church for worship purposes and it was lying neglected. The respondent was running a nursery school and a charitable dispensary in it and was serving the humanity within the knowledge of the officebearers of Methodist Church in Southern Asia. He maintained that he had neither hurt the religious feelings of the members of Christian community, nor he had committed any criminal trespass over the church property. The validity of the notice issued by the complainant was also questioned by the respondent. The complainant examined six witnesses in support of his case including himself. The respondent examined one Chandrika Prasad in his defence. After considering the evidence on record the learned Magistrate found no force in the allegations of the complaint. He, therefore, acquitted the respondent. Feeling aggrieved by that acquittal, this appeal has been filed by the appellant.;