SHITAL CHANDRA DATTA Vs. BABU RAM JODAUN
LAWS(ALL)-1966-2-15
HIGH COURT OF ALLAHABAD
Decided on February 03,1966

SHITAL CHANDRA DATTA Appellant
VERSUS
BABU RAM JODAUN Respondents


Referred Judgements :-

UZAL KHAN V. PURNA CHANDRA [REFERRED TO]
ABDUL KARIM V. NANGOO [REFERRED TO]
SASHADHAR ACHARJYA VS. SIR CHARLES TEGART [REFERRED TO]


JUDGEMENT

D.P.Uniyal, J. - (1.)THIS revision is from the judgment of the Civil and Sessions Judge Agra, dated June 9, 1964, upholding the order of the Additional District Magistrate (Judicial) dated 22-2-1964 dismissing an objection of the applicant (accused) against the validity of a complaint in respect of offences under Sections 153, 295A and 500 I. P. C.
(2.)IN the city of Agra there are two sects of the Radha Soami faith; one of whom is represented by the Dayal Bagh group and the other by the Swami Bagh group of the same faith. There was a dispute between the said two groups over possession of a plot of land in village Jaganpura, distrct Agra. The Soami Bagh group had obtained possession over this plot on 17-7-1962 by an order of the consolidation authority. On 12-10-1963 Babu Ram Jadaun Secretary of the Dayal Bagh Satsangh Sabha, sent a letter to Shital Chand Datta, Secretary, Soami Bagh saying that the crop in the above-mentioned plot had been sown by the Dayal Bagh group and so they had a right to harvest the same. He requested the Soami Bagh people to remove the wire fencing and allow his group to cut and remove the crop. In the letter it was hinted that if barbed wire was not removed some one might get hurt and in that event the Soami Bagh group would be responsible for it.
In reply to the above a telegram followed by a letter dated 16-10-1963 was sent by Shital Chand Datta (accused) to Babu Ram Jadaun, Secretary of Radha Soami Satsangh Sabha. The said letter, so far as material, reads as follows:

"We have proof that Sri Gur Charan Das Mehta Ji Maharaj has incited the residents of Dayal Bagh to commit criminal trespass over the land in possession of the Soami Bagh and commit robbery in respect of crops.....'

(3.)ON receipt of the above letter four persons including Babu Ram Jadhaun Secretary of Radha Soami Satsangh Sabha applied to the State Government for sanction to prosecute the applicant Shital Chand Datta under Section 295A I. P. C. On 30-12-1963 the Government of Uttar Pradesh accorded sanction to prosecute the applicant in the following words....
"Now therefore as required by section 196 of the Criminal Procedure Code 1898 the governor of Uttar Pradesh, is hereby pleased to authorise the Radha Soami Satsangh Sabha, Dayal Bagh, Agra, through its Secretary Sri Babu Ram Jadaun and others, to institute a complaint against the writer of the said telegram and the letter, Sri Shital Chand Datta, under Section 295A of the I. P. C. in the court of the competent jurisdiction....."



Click here to view full judgement.
Copyright © Regent Computronics Pvt.Ltd.