CHARANJIT TALWAR, J.

( 1 ) THE applicant herein, Ganesha Nand Chela, was summoned by Mr. S. M. Gupta, Metropolitan Magistrate, Delhi, by his order dated May 29, 1976, for an offence under Section 500, Indian Penal Code, on a complaint filed by Swami Divyanand (respondent herein ).

( 2 ) THE complainant s case was that he was a Sanyasi and disciple of Swami Purna Nand Jt Maharaj. His Guru owned an Ashram known as Sri Krishna Ashram in Delhi. and three other Ashrams situate in Haridwar, Ahmedabad etc. According to the complainant, the accused Ganesha Nand had also been a chela (disciple) of his Guru but he had been removed from the chelaship in the year 1974. It was alleged that With a view to grab the property of the Guru, the accused had made take and malicious accusations against the said Guru and his Dharam, and also against one Shrimati Pritma Devi. The gravamen of the allegations are contained in paragraph 4 of the complaint which reads asunder :

"4. That in order to defame the Guru and his Dharam he has done many acts by mouth and in writing and some of them are detailed as under as they are patent falsehood done with malice and makes the Dharam and Guru and his chelas includin

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