Dismissed

Tarkeshwar Upadhya v. The State Of Bihar Through The Collector, Siwan and Ors.

Patna HC20 Jun 2016CR. MISC./27964/2013

Case brief

AI extract

What is this about?

In an oral order, this Court dismissed a Criminal Miscellaneous application under Section 482 Cr.P.C. challenging an order dismissing a revision against an SDM order regarding temple offerings, finding no illegality or abuse of process warranting interference.

What did the court decide?

Application under Section 482 Cr.P.C. dismissed with no interference in the lower Court's order of dismissal of the revision.

Tarkeshwar Upadhya Vs The State Of Bihar… — Pension and Retirement Benefits | Patna HC (2016)

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IN THE HIGH COURT OF JUDICATURE AT PATNA

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Criminal Miscellaneous No.27964 of 2013

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====================================================== Tarkeshwar Upadhya, Son of Late Kusheshwar Upadhya @ Srikant Upadhya, Pradhan Pujari, Mahendra Nath Mandir, Mehandar, P.S-Siswan, O.P-Chainpur, District-Siwan. .... .... Petitioner

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Versus

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1. The State of Bihar Through The Collector, Siwan, 2. The Sub-Divisional Magistrate, Siwan, 3. The Circle Officer, Siswan, District-Siwan, 4. The Bihar State Board of Religious Trust, Through its President, Patna. 5. Krishna Kumar Upadhya, Son of Late Kedar Upadhya, 6. Dharmnath Upadhya, Son of Late Kedar Upadhya, 7. Diwakar Upadhya, son of Krishna Kumar Upadhya, 8. Ravindra Upadhya, Son of Krishna Kumar Upadhya, 9. Umesh Kumar Upadhya, Son of Krishna Kumar Upadhya, 10. Dhruaji Upadhya, son of Late Dharm Nath Upadhya, 11. Kanhaiya Upadhya, son of Late Sheo Shankar Upadhya, All of VillageRamgarh, P.S. Siswan Chainpur, O.P. District- Siwan,

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1. Navin Kumar Upadhya, son of Late Kusheshwar Upadhya @ Srikant Upadhya,

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1. Anil Kumar Upadhya, son of Late Kusheshwar Upadhya @ Srikant Upadhya,

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1. Shesh Nath Upadhya, son of Late Kusheshwar Upadhya @ Srikant Upadhya,

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1. Sunil Kumar Upadhya, son of Late Kusheshwar Upadhya @ Srikant Upadhya,

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1. Birbhadra Upadhya, son of Sheo Kumar Upadhya,

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Sheoji Upadhya, son of Sheo Kumar Upadhya,

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Raj Kumar Upadhya, son of Birbhadra Upadhya, 19. Ashok Kumar Upadhya, son of Birbhadra Upadhya, 20. Sanjay Kumar Upadhya, son of Birbhadra Upadhya, 21. Pashupati Upadhya, son of Late Ram Autar Upadhya, 22. Manish Kumar Upadhya, son of Late Vidya Upadhya, 23. Vijay Kumar Upadhya, son of Pashupati Upadhya,

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Santosh Upadhya, son of Pashupati Upadhya,

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Satendra Kumar Upadhya, son of Late Ramayan Upadhya, All of Village- Ramgarh, P.S. Siwan, O.P. Chainpur, District-Siwan.

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=================	.... .... Opposite Parties. =====================================
Appearance :
For the Petitioner	: Mr. K.N. Choubey,
	Mr. Ambujnayan Choubey, Mr. Ashok Kumar Garg,
	Mr. Dineshwar Pandey,
	Mr. Yogendra Kumar Dwivedy
For O.P. No.4 =================	: Mr. Shekhar Singh ====================================

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Patna High Court Cr.Misc. No.27964 of 2013 (6) dt.20-06-2016

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CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER

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6 20-06-2016

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Heard learned counsel for the petitioner and learned counsel appearing on behalf of the Respondent No.4 the Bihar State Board of Religious Trust.

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This application has been filed under Section 482 of Cr.P.C. against the order dated 05.03.2013 passed in Criminal Revision No. 208 of 2011, whereunder the learned Adhoc Additional District & Sessions Judge-5^th , Siwan dismissed the aforesaid Criminal Revision preferred by the petitioner against the order dated 11.08.2011 passed in Case No. 85 of 2011 by the Sub-Divisional Magistrate, Siwan in a proceeding under Section 145 Cr.P.C., in which the petitioner was the member of the first party and Respondent No. 5 to 11 were the members of the second party, restraining both the parties to receive the offerings of the Mahendra Nath Shiv temple with direction to the Committee of the Trust as constituted under the Notification of Bihar State Board of Religious Trust to collect the offerings and to deposit in nationalized bank by opening the account and to submit the account yearly to the Bihar State Board of Religious Trust.

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Learned counsel for the petitioner submits that the learned Ad hoc Additional District & Sessions Judge-5^th , Siwan has illegally affirmed the order 11.08.2011 passed by the Sub-Divisional Magistrate, Siwan in Case No. 85 of 2011 recalling the order passed

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Patna High Court Cr.Misc. No.27964 of 2013 (6) dt.20-06-2016

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under Section 146 Cr.P.C. with direction to members of the Committee constituted under the Notification of Bihar State Board of Religious Trust to receive the offerings and to deposit the same in nationalized bank on opening the account and to furnish the account yearly to Bihar State Board of Religious Trust.

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On the other hand, learned counsel appearing on behalf of the respondent No.4 submits that, in fact, C.W.J.C. No. 22908 of 2013, filed by the petitioner, is pending before this Court in which he has challenged the Mahantship of Raja Giri.

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On going through the impugned order, I do not find any illegality amounting to abuse of process of Court for interference in jurisdiction under Section 482 Cr.P.C. Accordingly, this application is hereby dismissed.

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(Rajendra Kumar Mishra, J.)

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manish/U T

Tarkeshwar Upadhya v. The State Of Bihar Through The Collector, Siwan and Ors.

Case brief

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Tarkeshwar Upadhya v. The State Of Bihar Through The Collector, Siwan and Ors.

Case brief

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What the court decided

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