ANIL KUMAR SHARMA, J. - (1.) HEARD Sri G.S. Chaturvedi, learned Senior Counsel assisted by Sri Pratik J. Nagar, learned counsel for the applicants, Sri Prabhakar Awasthi, learned Counsel for the opposite party No. 2, Sri Neeraj Kant Verma, learned AGA for State and perused the record of the case. Parties to the case have filed their respective affidavits in support of their contention.
(2.) THE present 482 Cr.P.C. petition has been filed for quashing the charge sheet dated 12.12.2014 pursuant to the FIR dated 18.09.2014 lodged by the opposite party No. 2, the summoning order dated 16.12.2014 passed by the Judicial Magistrate II, Allahabad and the entire criminal proceedings of Case No. 1808 of 2014 (State of Uttar Pradesh Vs. P. P. Marandi and others) arising out of Case Crime No. 480 of 2014, under sections 419, 420, 467, 468, 471 and 406 IPC, PS George Town, District Allahabad, pending in the Court of Judicial Magistrate - II, Allahabad.
(3.) THE contention of the learned senior counsel for the applicants is that no offence against the applicants is disclosed and the present prosecution has been instituted with a malafide intention for the purposes of harassment. He pointed out certain documents and statements in support of his contention. On 18.09.2014 the First Information Report in question was lodged by the opposite party No. 2 in police station George Town, District Allahabad under Sections 419, 420, 467, 468, 471 and 406 IPC, against the applicants and four others alleging that Rt. Rev. P. P. Marandi, Moderator, Church of North India (would be referred to as 'CNI' hereinafter), Rt. Rev. P. K. Samantaroy, Deputy Moderator, CNI, Sri Prem Masih, Honorary Treasurer, CNI and Sri Alwan Masih, General Secretary, Church of North India, illegally conducted a meeting of the CNI and appointed Rt. Rev. Collin C. Theodore as Moderator's Commissary, Diocese of Lucknow and subsequently, they appointed Rev. Daniel Subhan as the Moderator's Commissary, Diocese of Lucknow in place of the Rt. Rev. Collin C. Theodore, who is claiming himself to be the Chairman, Allahabad High School Society. In the FIR, it has also been averred by the complainant -opposite party No. 2 that Allahabad High School Society is a Society registered under the Societies Registration Act, 1860 and is managed by the Diocese of Lucknow, CNI and the Bishop, Church of India is the Chairman of the Society. The Society runs three institutions under the name and style of (1) Boys High School, (2) Girls High School and (3) Holy Trinity School. The applicants have illegally appointed Rt. Rev. Collin C. Theodore and after him Rev. Daniel Subhan as Moderator's Commissary, who is illegally working as Chairman of Allahabad High School Society. On the basis of the aforesaid illegal appointment of Chairman of the Society the accused have grabbed the institutions run by Allahabad High School Society and are misappropriating its funds to the tune of Rs.10,00,000/ - (Rupees Ten Lakhs) per month and till now, they have misappropriated a sum of Rs.1,30,00,000/ - (Rupees One Crore and Thirty Lakhs) of the aforesaid educational institutions. It has been further alleged that the applicants have conspired and have fabricated documents for illegal gains. The complainant before lodging the instant FIR has made a complaint to the Registrar of Societies, Allahabad with regard to misappropriation of funds of Society by the applicants and other persons named in the FIR by forging resolutions, which is still pending before the Registrar of Societies. After investigation of the case, the Investigating Officer has submitted charge -sheet dated 12.12.2014 in the Court on 16.12.2014. The learned Judicial Magistrate II, Allahabad vide order dated 16.12.2014 has taken cognizance of the matter and directed the case to be registered against the applicants and four other persons as case no. 1808 of 2014 under Sections 419, 420, 467, 468, 471 and 406 IPC, PS George Town, District Allahabad.;