MAHA MANDLESHWAR SWAMI ANANTA NAND JI MAHARAJ CHELA SANT MATA RAM BHAJAN v. STATE OF UTTARAKHAND
2018-09-06
SUDHANSHU DHULIA
body2018
DigiLaw.ai
JUDGMENT Hon'ble Sudhanshu Dhulia, J. (Oral) Pursuant to an FIR lodged by respondent no. 2 against the accused applicant, a Case Crime No. 123/17 was registered against the accused applicant for the offences under Sections 406, 420, 506 IPC in Police Station Kotwali Nagar, District Haridwar. After investigation, the chargesheet has been filed and thereafter the Chief Judicial Magistrate, Haridwar has taken cognizance and summoned the accused applicant to face the trial for the offences under Sections 420, 406, 504, 506 IPC. Aggrieved, the accused applicant has filed the present criminal miscellaneous application under Section 482 CrPC. 2. Complainant/respondent no. 2 is more than 100 years old woman. She lodged an FIR against the accused applicant alleging that the applicant hatched a conspiracy and when she fell seriously ill, he withdrew lakhs of rupees from her account and also misappropriated lot of money and property of the trust. When the complainant objected to it, the accused applicant allegedly misbehaved with her and threatened to teach her a lesson. It is also alleged in the FIR that the applicant has forcibly captured the Ashram of the complainant and he is not vacating the same. Complainant has also stated that she fears for her life and the applicant may get her killed. 3. Learned Counsel for the applicant contended that the chargesheet against the applicant has been filed on extremely thin evidence and the learned Chief Judicial Magistrate has passed the impugned cognizance order in a routine manner. 4. On perusing the FIR, impugned summoning order and other relevant papers available on the record, this Court is of the opinion that a prima facie case is made out against the accused applicant. This Court finds no ground to interfere in the present matter. Consequently, this criminal miscellaneous application is hereby dismissed. 5. However, it is directed that the bail application of the accused applicant shall be decided expeditiously and he shall also be at liberty to move an application for his discharge at the appropriate stage which shall be considered in accordance with law. 6. It is made clear that any observation made by this Court is only for the purpose of deciding the present application and the same shall not prejudice the trial against the applicant.