- (1.) This is an application under section 482 of the Code of Criminal Procedure for quashing of the criminal case being G.R. No. 663 of 1997 pending in the Court of 9th Metropolitan Magistrate, Calcutta under sections India Criminal Law Reporter 147/149/448/379/34/506 of the Indian Penal Code. The gist of the prosecution story as stated in the First Information Report is as follows : That on 25th April, 1997 at about 23.10 hours the petitioners entered into the schools premises - Sree Jain Swetamber Terapanthi Vidyalaya at No. 3, Sahid Nityananda Saha Sarani, Calcutta by committing rioting and tried to take possession of the school premises under threat. The Darwan, who is opposite party No. 2 has stated in the F.I.R. that on 25.4.97 at about 23.10 hours while he was perfoming duty at the main entrance of the school, he noticed about 25/30 people who were the Members/Teachers of the Shree Jain Swetamber Terapanthi Vidyalaya compelled him to open the main gate which was under lock and key under threat of his life. Therefore, he finding no other alternative than to unlock the key, allowed the persons to enter into the premises of the school. The petitioners sealed the school premises. In the meanwhile the local police entered the premises hearing the hue and cry to whom the informant narrated the incident.
(2.) Therefore, the case was initiated against the petitioners on the basis of the statement of the informant.
(3.) In the premises there are two institutions functioning, one Sree Jain Swetamber Terapanthi Vidhalaya and also the other, Jain Swetamber Terapanthi Mahasabha. Both the institutions have different and distinct entity and each has got its own function. There were sets of litigations between the petitioners and also Sree Jain Swetamber Terapanthi Mahasabha. When the members of Jain Swetamber Terapanthi Mahasabha did not allow the ingress and egress of the petitioners into the school premises, they filed a civil suit in O.S. 260/96 in this Court and prayed for an interim order. Mr. Barin Ghosh, J, a learned Single Judge of this Court on 18th September, 1996 passed an order directing the opposite party not to cause any obstruction to the ingress and egress through the common entrance gate while the petitioners intend to go into the school premises. There was also an application for clarification of the said order, which was also disposed of on 26.9.96. Subsequently the matter had appeared before another Single Judge of this Court on 18th December, 1996 where the learned Single Judge Mr. Sujit Kumar Sinha (as He then was) passed an order directing the opposite party No. 1 Jain Swetamber Terapanthi Mahasabha not to create any disturbance or interference with the running of the school. The litigation continued in different Courts. From time to time Jain Swetamber Terapanthi Mahasabha was directed not to interfere with the ingress and egress of the petitioners into the school premises.;