- (1.) This writ petition seeks the following reliefs: 1. A writ, order or direction in the nature of mandamus commanding the respondents to take action in accordance with law against the accused persons in pursuance of the F.I.R. dated 22.12.2009 lodged by the petitioner under Sections 147, 148, 149, 323, 394, 307, 302, 342, 336, 436, 427, 324 and 120B I.P.C. Case Crime No. 1081A of 2009, police station New Agra, District Agra. 2. A writ, order or direction in the nature of mandamus commanding the respondents to conclude the investigation through any independent agency/C.B.I. in pursuance of the offence committed by Bhuri Singh and other accused. 3. A writ, order or direction as this Hon'ble Court may deem fit and proper in the facts and circumstances of the case. 4. Award cost of this petition in favour of the petitioners. The prelude to the seeking the reliefs has been stated in detail by the petitioner, who is the Secretary of Radhasoami Satsang Sabha (for short 'the Sabha') which is a religious and charitable society registered under the Societies Registration Act, 1860 and 1921. It appears that the Sabha has its properties located at different places, specially at Dayalbagh, district Agra which is its headquarter. As may appear from the averments made by the petitioner, the Sabha owns and possess over 160 Acres of land in and around Dayalbagh and the major part of the area is located at village Sikandarpur in several plots. The Sabha docs social services by establishing and running a large number of charitable institutions in Dayalbagh and at other places in the country. There are huge number of schools which are also being run by the Sabha for imparting higher learning, vocational training besides running hospitals and other charitable institutions. The institutions established by the Sabha cater to the needs not only of persons at the places where the institutions are located, but they render services also to public at large. Education is provided by the Sabha from elementary level to the university level.
(2.) As per the averments of the petitioner, the master plan far Dayalbagh provided for low density population areas to be treated as green belts and that part of Dayalbagh Development Plan was included in Zone-II of Agra Master Plan to be preserved as a green belt and was proposed to form an echo-friendly village in the area. There were many plans of the Sabha for creating healthy locations which could be echo friendly but at the same time were supposed to be spars as regards the density of population. There were litigations arising out of plans for creating the echo Zone as Zone-II of the Agra master plan and some of them were pending before the Apex Court. On account of activities of the Sabha, certain persons, who as per the petitioner were land Mafias, were turning envious to the plans of the Sabha and as such were instigating villagers in the locality around Dayalbagh to encroach upon Sabha's land or to damage or otherwise retard the development works of the institutions or run the crops which could be grown by the Sabha on its land. The petitioner alleged that the gang of persons, who were land Mafias, was being led by one Bhuri Singh, who was very freely changing his political allegiance and at the relevant time was member of the then ruling party of Uttar Pradesh. It was stated by the petitioner that plot No. 167 was utilized for growing food grains by the Sabha and it had entered into an agreement with Agra Municipal Corporation to supply recycled water for the irrigational requirements of the land on concessional rates and, accordingly, the Sabha had also agreed to recast the irrigation-channels in the adjoining areas. It was stated by the petitioner that several persons specially, Bhuri Singh, was raising strong objections to the constructions of channels and widening of chak-roads as envisaged by the master plan and was also averse to the development of residential area on Plot No. 161. It was alleged that merely at the behest of the said Bhuri Singh two members of Sabha were also arrested and were confined and thereafter produced before a Magistrate on a particular date on fabricated and concocted allegations white they were engaged in reconstructing the irrigation channels as per proposed plan. It was alleged that the police was acting according to the flat of the said Bhuri Singh who was stopping the constructive/development work being carried out by the Sabha on its land by utilizing the police force illegally for the above purpose and accordingly the proceedings which were initiated against the two members of the Sabha, who were engaged in reconstructing the channels were dropped by a Magisterial order dated 7.12.2009.
(3.) In the above background, it was stated that on 18.11.2009 and on subsequent dates also other obstructive activities were done by the said Bhuri Singh and others when some trenches were dug up on the Sabha-land and accordingly a complaint was also lodged by the officials of the Sabha with police on 25.11.2009. But, no case was registered and strangely, a false F.I.R. was lodged against some office bearers of the Sabha.;