Point of Law: Extra-ordinary powers of High Court under Article 226 of Constitution must be exercised sparingly, cautiously and in exceptional situations where it becomes necessary to provide credibility and confidence in investigation.

JUDGMENT :

Vivek Singh Thakur, J.

Petitioners, by way of present petition, have approached this Court invoking provisions of Section 482 of Code of Criminal Procedure (in short ‘Cr.P.C.”), with prayer to entrust investigation of FIR No. 106 dated 3.6.2018, registered in Police Station Bhuntar, District Kullu under Sections 323, 341, 325, 34 IPC, with respect to incident occurred on 3.6.2018 near Shamshi District Kullu, to independent Agency like Central Bureau of Investigation (CBI), as respondent No.1 has failed to make any progress in investigation in the matter.

2. Petitioner No.1 Sarvhitkari Adhyatmik Kendra is a Registered Society which is being represented through Secretary Surinder Singh. Petitioner No.2 Khem Singh is injured/victim in incident dated 3.6.2018, who is claiming himself to be real successor of Shri Param Sant Thakur Singh Maharaj and an authorized person to conduct Satsang to disseminate his teachings. Petitioner No.3 Ganesh Dass is claiming himself as devotee.

3. It has been claimed in petition that Baba Param Sant Thakur Singh was Chief of Vishav Manav Ruhani Kendra, Nawan Nagar, District Panchkula and he had nominated petitioner No.2 Khem Singh as his successor during his life time but prior to his death; respondent No.2 Baljit Singh came close to Baba Param Sant Thakur Singh Ji Maharaj during his last days of life when he was not in his full senses, and respondent No.2 Baljit Singh exploited the situation for his selfish ends and got himself declared as successor of Baba Param Sant Thakur Singh Ji Maharaj, and after death of Maharaj, respondent No.2 deviated the principles of mission and started performing Karamkand (rituals) and practicing occult science in the Dera in breach of trust of devotees, which compelled the devotees to form the Sarvhitkari Adhyatmik Kendra, a registered Society, with sole motive to preach and complete the mission of late Baba Sant Thakur Singh Ji Maharaj and conduct the Satsang accordingly.

4. It is further case of petitioners that aforesaid activity by Sarvhitkari Society was and is not liked by respondent No.2 and his supporters who are having vested interest and, therefore, they became inimical towards petitioner No.2 and his followers, and fearing from exposure of their acts and misdeeds, respondent No.2 and his supporters/followers as well as their paid goons started planned attacks in organized manner on devotees of petitioner No.2 to disrupt, obstruct and dissuade the devotees from conducting Satsang throughout India. All these matters were complained by members of Society and FIR were registered in State of Maharashtra, Gujarat and other States where the followers of respondent No.2 organized the attacks on members of petitioners’ society.

5. It has been alleged in petition that on 3.6.2018 at about 7.30 AM petitioner No.2 was going to house of a devotee for conducting Satsang near Shamshi in District Kullu. After alighting from bus, he was walking on the road towards house of devotee. At that time, 5-6 young persons (goons) came out of a black coloured car having temporary No. HP33T-8699 having iron rods, swords and wooden sticks with them and attacked petitioner No.2 causing him serious injuries in the right leg, left hand including fracture of arm and they inflicted about 35 injuries on his body.

6. Matter was reported to police and FIR No. 106 of 2018 dated 3.6.2018, referred supra, was registered in Police Station Bhuntar, District Kullu H.P.

7. It is the case of petitioners that respondent No.1 has failed to conduct a fair and effective inquiry and investigation in the matter and to collect the evidence to bring respondent No.2, his followers and goons to books and punish them and therefore, present petition has been filed.

8. Response of respondent No.2 is that petitioners have not approached the Court with clean hands, and that petitioner No.2 was issued an Identity Card for voluntary Sewa by an organization named Vishwa Manav Kendra, Nawan Nagar, District Panchkula H