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1985 Supreme(Cal) 421

SANKARI PRASAD DAS GHOSH
MAHIPAL BAHADUR SINGH – Appellant
Versus
STATE – Respondent


Advocates Appeared:
BALAI CHANDRA ROY, BARENDRA NATH SUR, H.K.SAHA ROY, KR.SANYAL, RANJIT GHOSHAL

SANKARI PRASAD DAS GHOSH, J.


( 1 ) THIS revisional application is directed against an order passed on 7-12-82 by the learned Metropolitan Magistrate, 6th Court, Calcutta, rejecting the prayer of the accused-petitioners to discharge them under S. 245 (2) Cr. P. C. on the ground that the charge against them was groundless.

( 2 ) THE opposite party 2, Shri Bijay Singh Nahar, was the president of the Bihar State Board of Swetamber Jain Religious Trusts and was authorised by the Government of Bihar to supervise all the Swetamber Jain Religious Trusts in Bihar. Late Maharaj Bahadur Singh, father of the petitioners was the Trustee/manager of Sikherjee Group of Temples. After his death in 1957, the petitioners became the Trustees of Sammet Sikherjee Group of Temples by a resolution of the Bihar State Board dt. 13-7-58. The audit report of Sammet Sikharjee Group of Temples for the year ending 31-3-75 showed that a sum of Rs. 17,66,607. 16 P. was kept as fixed deposits in some scheduled banks in the personal names of the petitioners and that an amount of Rs. 1,83,661. 99 P. was kept by the petitioners as cash in hand in their sadar office at Calcutta. After receipt of this audit report in A













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