BHARAT BHUSHAN, J. - (1.) This application under section 482 of the Code of Criminal Procedure (in short "Cr.P.C.") seeks quashing of the charge sheet, arising out of Crime No. 271 of 1997, under sections 419, 420, 467, 468, 471, 406 of the Indian Penal Code (in short "IPC") and 13(1)(d) of the Prevention of Corruption Act, 1988 (in short "P.C. Act"), Police Station George Town, District Allahabad pending before the Special Judge (Anti Corruption), Varanasi and consequent proceedings.
(2.) Brief facts of the case are that there is one Mahanirmani Akhara, situate at Daraganj, Allahabad. Mahant Onkar Puri was the Secretary of the aforesaid Akhara at the relevant time. The aforesaid Akhara/society of Mahants and Sanyasis known as Dashnam Naga Sanyasi Shree Panchayati Akhara Mahanirmani, Daraganj, Allahabad (in short "Panchayati Akhara, Allahabad") has branch offices in other cities. There were three secretaries namely; Mahant Onkar Puri, Mahant Ram Narain Giri and Mahant Yogendra Giri, who were managing the affairs of the aforesaid Akhara. This Akhara is basically managed by one society of Mahantas known as Ramta Pandey and Shambhu Panch, situated at Shivala Ghat, Varanasi, who passed the resolution dated 1 and 3 April, 1993 empowering the senior most secretary Mahant Onkar Puri, to sold some property Araji No. 217 and 218 situated at Bakshi Uprahar, Pargana, Tehsil Chail, District Allahabad.
(3.) Negotiations with interested parties were initiated but Mahant Onkar Puri sustained fracture in both legs compelling him to take rest at Mumbai. Therefore, he was constrained to execute sale deed dated 24.07.1996 in favour of purchasers at Mumbai, as power of attorney holder. This sale deed was registered before Sub Registrar, Mumbai. On the basis of the aforesaid sale deed registered at Mumbai, purchasers of the aforesaid plots applied for mutation before Nayab Tehsildar at Allahabad, as the property is situated at Allahabad. Nayab Tehsildar namely; Phool Chandra Arya, applicant mutated the property vide order dated 10.03.1997. This mutation was challenged by certain persons. The mutation order was recalled by the applicant. This recall order was challenged before the Additional Commissioner, Allahabad Division, Allahabad who vide order dated 23.06.1997 held that mutation had rightly been done and made reference to the Board of Revenue but Board of Revenue came to the conclusion that subsequent to 1994, no mutation can be done on the basis of the sale deed registered outside the jurisdiction.;