S.C. Agarwal, J. - (1.) -This petition has been filed under section 482 Cr.P.C. by Shri Swetambar Sampradaya (hereinafter referred to as 'the petitioner'). It is directed against the order dated 20th January, 1982 passed by the Additional Sessions Judge, Bhilwara in Criminal Revisions No. 1/81 (5/81) and 2/81 (26/81) arising out of proceedings under section 145 Cr. P. C.
(2.) In village Chainpur, under P. S. Kachhola in tehsil Mandalgarh of district Bhilwara, there is an old temple of Shri Parshwanathji known as the chavleshwar Parshwanath temple (hereinafter referred to as 'the temple'). A dispute arose between the persons belonging to the Digambar Sampradaya of the Jain religion and persons belonging to the Swetambar Sampradaya of Jain religion with regard to the control and management of the temple. On 28th February, 1974 the S.H.O., P.S. Kachhola submitted a report under section 145 Cr. P.C. in the court of the Sub-Divisional Magistrate, Mandalgarh. In the said report, it was stated that since centuries, persons belonging to Swetamber as well as Digamber Sampradaya were worshipping in the temple and that the Digambar samaj had placed iron shutters on the temple, which was opposed by the Swetambar samaj and the said shutters were broken open and as a result proceedings under section 107. Cr. P. C. had been initiated against the persons belonging to both the sects on 21st March, 1972 and that the said proceedings I were pending before the Sub-Divisional Magistrate, Mandalgarh. In the said report, it was further stated that on 24th May, 1973 Digambar Samaj again placed doors on the temple, which were also broken by Swetambar Samaj on 13th June, 1973 and that on 25th February, 1974, there was an altercation between persons belonging to the Swetambar Samaj and persons belonging to the Digambar Samaj and in the said incident, ten persons had suffered serious injuries and a case under sections 147, 148, 149, 323, 324, 325 and 307 I. P C. had been registered and was under investigation. In the said report, it was further stated that persons belonging to both the sects were claiming rights over the temple and doors were being put the same were being broken and as a result, there was constant breach of peace. In the report aforesaid, it was prayed that proceedings for attachment of the temple may be taken under section 145. Cr.P.C. and suitable orders be passed after directing both the parties to produce the proof of their respective title or otherwise there was likelihood of breach of peace.
(3.) On the basis of the aforesaid report, the Sub-Divisional Magistrate, Mandalgarh, passed a preliminary order on 1st March, 1974 wherein it was stated that disputes have arisen between the Digambar Samaj as well as the Swetamber Samaj from time to time regarding the possession and the mode of worship and the placing of doors on the temple and that from the police report and the other record including the affidavit of the S. H. O. P. S. Kachhola, it appeared that there was likelihood of breach of peace on account of the dispute between both the Sampradayas with regard to the temple. The Sub-Divisional Magistrate, therefore, directed that the temple be attached under section 145 (4) Cr. P. C. (old) and that after attachment, it may be kept in the possession of the S.H.O.P.S. Kachhola and that status quo should be maintained and that the members of both the Sampradayas be allowed to worship as in the past without indulging in any objectionable behaviour. By the order aforesaid, it was directed that notices may be issued to both the opposite parties under section 145 (1) Cr. P. C.;