- (1.) HEARD Sri Kamal Krishna, learned counsel appearing for the petitioners and the learned AGA. None is present on behalf of respondent no.2.
(2.) THIS writ petition has been filed by the petitioner with the prayer to issue a writ, order or direction in the nature of certiorari to quash the summoning order dated 8.1.1998 passed in complaint No.758/IX/1997, Vs. Vijay Ramdas and another and also order dated 17.6.2010 passed in Case No.1819/IX/2005, Mahant Indra Pal Das Vs. Mahant Vijay Ram Das under section 420 IPC, P.S.Karvi, District Chitrakoot. Further prayer has also been made for quashing the order dated 21.1.2014 passed by the revisional court in Criminal Revision No.53 of 2010, Mahant Vijay Ram Das Vs. State of U.P. Passed by Addl. District and Sessions Judge, Court No.2, Chitrakoot.
(3.) BRIEF facts of the case are that a criminal complaint before the concerned Magistrate was filed by one Mahant Indra Pal Das chela of Mahant Govind Das alleging therein that the petitioners have illegally encashed the bond issued after abolition of zamindari regarding temple property. Ram Autar Singh had been appointed as Mukhtiyar. Petitioners had no right to encash the said bond. Therefore they have committed offence of forgery. Petitioner Mahant Vijay Ram Das is not the successor of deceased Mahant Govind Das. Statements under sections 200 and 202 Cr.P.C. were recorded.Trial Court vide its order dated 8.1.1998 summoned the petitioners to face the trial for the alleged offence. During the trial complainant died. Therefore application for substitution to proceed with the complaint was moved by respondent No.2 Mahant Raghav Das chela of Mathura Das and one other Krishna Narain. The trial court rejected the application of Krishna Narain but allowed the application of Mahat Raghav Das. The petitioner challenged this order before the Addl. Sessions Judge, Court No.2, Chitrakkot, who dismissed the revision, affirming the order passed by the learned trial court.;