Allahabad HC Quashes FIRs Against Officer Bearers Of Radhasoami Satsang Sabha, Says Dispute Between District Admin And Sabha Is Civil In Nature
The Allahabad High Court has quashed the FIRs lodged against the office bearers of Radhasoami Satsang Sabha by the District Administration, Agra under Sections 147, 332, 353, 447 IPC read with Section 7 Criminal Law (Amendment) Law 1932 & Section 11 Prevention of Animal Cruelty Act 1960.The bench comprising Justice Siddharth and Justice Syed Qamar Hasan Rizvi relied on the earlier order...
The Allahabad High Court has quashed the FIRs lodged against the office bearers of Radhasoami Satsang Sabha by the District Administration, Agra under Sections 147, 332, 353, 447 IPC read with Section 7 Criminal Law (Amendment) Law 1932 & Section 11 Prevention of Animal Cruelty Act 1960.
The bench comprising Justice Siddharth and Justice Syed Qamar Hasan Rizvi relied on the earlier order of the Allahabad High Court in Radhasoami Satsang Sabha v. State Of U.P. And 6 Others, wherein the demolition orders passed by the Tehsildar, Agra against Radhasoami Satsang Sabha were set aside on grounds of violation of principles of natural justice.
Petitioners challenged the FIRs filed against members of the Sabha prior to the demolition drive alleging illegal occupation of the land by the Sabha. It was stated that in the FIRs, the respondent authorities had concealed the fact that certain writ petitions regarding the title over the disputed property were pending before the High Court, and in some such petitions, order of status quo had already been passed.
In the petition, it had been pleaded that the Radhasoami Satsang Sabha had been seriously prosecuting its rights, while the District Administration and the Revenue Authorities initiated false criminal proceedings to wreck vengeance and create pressure on the Sabha and its Office Bearers.
It had been stated that further FIRs were lodged against the Officer Bearers only to avenge the action taken by the Sabha against the illegal demolition by the respondent authorities on the Sabha's land. Regarding the allegations under Section 11 Prevention of Animal Cruelty Act 1960, which provides punishment for animal cruelty, it was argued that there were no illegal actions being carried out on any part of the Sabha's property.
Counsel for the petitioners argued that while lodging the FIRs, the respondent authorities presumed that they had the title over the land of the Sabha. It was argued that punishment under Section 447 of IPC was sought to be imposed without satisfying the ingredients for criminal trespass under Section 441 of IPC. Heavy reliance was placed on the order of the Single Judge quashing the demolition proceedings for violation of principles of natural justice.
Justice Manish Kumar Nigam while quashing the demolition orders had held that the extension of time sought by the petitioner to file replies to the demolition notices was wrongly rejected without any reasons. The Court directed the Authorities to pass fresh orders after giving due opportunity of hearing to the petitioner, Radhasoami Satsang Sabha.
Relying on the aforesaid order, the division bench held that “that respondents have lodged the first information report when the dispute between the parties was of civil nature and without determination of the right, title and interest of the parties in the land in dispute.”
Accordingly, the FIRs filed against the office bearers were quashed. While parting, the Court observed that provided the proceedings under Section 26 of U.P. Revenue Code, 2006 are decided in favour of respondents, they may be at liberty to initiate criminal proceedings against the petitioners.
Counsel for petitioners: Manish Tiwary, Senior Advocate assisted by Ujjawal Satsangi.