Ram Surat Ram (Maurya), J. - (1.) Heard Sri Ajay Bhanot, Senior Advocate, assisted by Sri Shiv Kumar Singh, for the applicant and Sri Kunal Ravi Singh along with Sri S.K. Singh, for opposite party-2.
(2.) This application under Section 482 Cr.P.C. has been filed for quashing the order of Additional Sessions Judge, Court No. 3, Hathras dated 21.07.2015, passed in Criminal Revision No. 165 of 2014, Sudhir Kumar Agrawal Vs. State of U.P. and another, allowing the revision, declaring orders of Sub-Divisional Magistrate, Sasni dated 24.09.2014, passed in Case No. 8 of 2014, State of U.P. Vs. Dau Dayal Sharma and another, under Section 145 Cr.P.C., PS Sasni, district Hathras and 26/27.09.2014 under Section 146 Cr.P.C. as null and void and directing Sudhir Kumar Agrawal to discharge his duties in public interest according to bye-laws of the Society.
(3.) Shree Ram Lila Committee, Sasni, Hathras is a society registered under Societies Registration Act, 1860 (hereinafter referred to as the society), having its Registration No. 359 of 1987-88 dated 22.07.1987. The society owned plot no. 379 (area 0.1960 hectare) at village Sasni Dehat, pargana and district Hathras, where it used to hold festivities of Ram Lila, for several days every year at the time of dashahra. It may be mentioned that this land was donated by Raghunath Prasad Agrawal, father of Sudhir Kumar Agrawal, through registered gift deed dated 19.09.1949. The Society has its registered bye-laws, according to which term of its elected Executive Committee is five years. According to Sudhir Kumar Agrawal (opposite party-2) last admitted election of Executive Committee was held on 30.09.2009, in which he was elected as General Secretary of the society and the period of Executive Committee was valid up to 29.09.2014. During this period fresh election was held, in which he was elected as the President and Sunil Kumar Varshney was elected as the General Secretary. On his application, Registration Certificate of the society was renewed for a period of five years w.e.f. 21.03.2012. However, Dau Dayal Sharma (the applicant) set up a rival election of Executive Committee on 27.10.2013, in which he claims to be elected as the President of the society. He submitted an Annual List of the members of Executive Committee for the year 2013-14, under Section 4 of Societies Registration Act, 1860, for its registration before Deputy Registrar, Firms, Societies and Chits, Agra, who finding a rival dispute of office bearers of Executive Committee, referred, for decision under Section 25 (1) of Societies Registration Act, 1860 to Sub-Divisional Officer, Sasni, Hathras, by order dated 14.10.2014.;