Judgment

SIKRI, C. J.:- This appeal by special leave is directed against the judgment of the Circuit Bench of the Punjab High Court at Delhi (Narula J.) reversing the order dated December 6, 1965 of the learned Magistrate and the judgment dated March 1, 1966 of the Additional Sessions Judge, and directing that all the respondents be discharged under sub-section (2) of Section 253 of the Code of Criminal Procedure in respect of the offences alleged by the appellant before us. In order to appreciate the points it is necessary to state the facts. The Appellant is the Muktar-e-Am (General Attorney) of Mahant Santokh Dass. He filed a complaint under Sections 447/379 and 428/34, I. P. C. The allegations in brief were that Mahant Santokh Dass was the owner as Dholidar and occupancy tenant of the entire land comprising in Khasra No 129, Civil Station, Delhi, measuring 27 Bighas and 14 Biswas. There is a Gurdwara known as Gurdwara Majnu-ka-tilla which was built in another portion of Khasra No 129 covering an area of 4 Bighas and 7 Biswas and was managed by the accused Sardar Gurdial Singh, Manager, Gurdwara Prabandhak Committee, Sardar Gulab Singh, President Gurdwara Prabandhak Committee and