RAVINDRA SINGH, J. - (1.) HEARD Sri O.P. Singh, learned Counsel for the petitioner, Sri K.K. Tripathi, learned Counsel for the respondent Nos. 3 & 4 and the learned A.G.A.
(2.) THIS Writ Petition has been filed against the order dated 10 -1 -2005, passed by the learned Addl. City Magistrate -I, Kanpur Nagar under Sections 145 (1) Cr.P.C. and 146 (1) Cr.P.C., whereby the property in dispute was attached and the same was given in the Supurdagi of respondent No.5, Tajendra Singh Inspector of Police Station Govind Nagar, District Kanpur Nagar and the order dated 17 -1 -2005 passed by the learned Sessions Judge, Kanpur Nagar in Crl. Revision No. Nill of 2005, whereby the revision filed by the petitioners was dismissed. The facts of the case giving rise to this petition, in brief, are that on 5 -9 -2005, the respondent No. 5 submitted a Challani report in the Court of learned A.C.M. -I, Kanpur Nagar and a case was registered as Case No. 1167 of 2004 State v. Gopal Shukla and Ors., under Sections 107, 116 and 151 Cr. P.C. On the same day, the petitioner and others furnished their personal bond in the aforesaid case and on the some day, the respondent No. 5 has put the lock on the main gate of the building of Sri Amreshwar Mahadev Trust, 224/21 Block -E, Govind Nagar, Kanpur Nagar without taking any order from the competent authority. The property in dispute is the entire building/ land of Amreshwar Mahadev Trust, attached with the temple of Sri Amreshwar Mahadev.
(3.) IT is contended by the learned Counsel for the petitioner that there was a dispute amongst the members of the Executive Committee of the Trust. The petitioner is Mahamantri of the aforesaid trust and one Sri Krishna Chandra Gupta is the president of the aforesaid trust. The respondent No. 3 Sri Shankatha Prasad is the member of the Executive Committee of the aforesaid trust. It is said that there was a dispute over the income and expenditure of the trust. In respect of the same dispute, the police has submitted a challani report against the petitioner and others on 5 -9 -2004. The respondent No.5, the Inspector of Police Station Govind Nagar, District Kanpur Nagar had locked the main gate of the said trust property including the temple of Lord Shiva without any rhyme and reason on 5 -9 -2004. Due to the aforesaid action of the respondent No. 5, nobody was permitted to enter in the premises of the said trust, even the Pujari of the temple was not permitted to do the worship of Lord Shiva. The aforesaid trust has been established for religious and charitable purposes in the interest of public. In its establishment, there is a temple, library, hospital, Dharamshala and Baratshala. The petitioner being the Mahamantri of the said Trust made a complaint to the S.S.P. Kanpur Nagar against the respondent No.5 with a prayer that the lock of the trust property may be opened but no step was action by the S.S.P. Kanpur Nagar then the petitioner on behalf of the Trust filed Civil Misc. Writ Petition No. 47520 of 2004 before this Hon'ble Court in which Sri Tejendra Singh was also arrayed as respondent No. 5. After hearing both the parties, the Division Bench of this Hon'ble Court passed an order dated 10 -11 -2004 and a direction was issued to the respondent No. 5 to open the lock of the main gate of the temple forthwith. In pursuance of that order, the lock of the main gate of the temple was opened by the respondent No.5 on 11 -11 -2004 and since then the petitioner being the Mahamantri of the trust came in actual possession over the property of the trust.;