JUDGMENT :

1. In all these petitions common question of law and facts and order taking cognizance are under challenge that is why all these petitions have been earlier tagged together and have been heard together with the consent of the parties.

2. Mr. Sanjay Kumar, learned counsel submits that the O.P. No. 2 has taken ‘No Objection Certificate’ from him about three years back hence he is not in a position to argue the matter.

3. As the ‘No Objection Certificate’ was taken by the O.P. No. 2 three years back it was incumbent upon him to make alternative arrangement to argue the matter on his behalf inspite of that he has not made any arrangement to argue the matter and considering that the matters are of the year, 2013 these matters are being heard on merit.

4. Heard Mr. Ajit Kumar, learned senior counsel and Mr. Rahul Kumar, learned counsel for the petitioners, Mrs. Priya Shrestha and Mr. Prabhu Dayal Agrawal, learned counsel for the State.

5. Both these petitions have been filed for quashing of the entire criminal proceeding in connection with C.P. Case No. 1761 of 2012 including order dated 15.03.2013 passed by the learned Judicial Magistrate, Ranchi whereby cognizance has been taken under sections 406/420/120B of the I.P.C., pending in the Court of learned Judicial Magistrate, Ranchi.

6. O.P. No. 2 had filed a Complaint Case bearing C.P. Case No. 1761 of 2012 alleging therein that the complainant is the son of an Arya Samaj and the founder of local Arya Samaj, Dhurwa owned and governed under the A.E.G.I.S. of Sarvadeshik Arya Pratinidhi Sabha, New Delhi.

It was further alleged that since last 10 years, the Arya Samaj, Dhurwa and the local management of D.A.V. Public School had been divided under two groups one working for the procurement of objectives of the Construction of Arya Samaj and the other being self oriented to fulfill the personal greediness of the management and assets of the local Arya Samaj, Dhurwa.

It was further alleged that the management of D.A.V. Public School, Dhuwra has been handed over to the newly constituted management committee of D.A.V. Public School, Dhurwa which is subsidiary of the local Arya Samaj, Dhuwa.

It was further alleged that the above referred Committee comprising of the petitioner and Brajnesh Chandra Vidyarthi have indulged in anti Arya Samaj activity and have turned their eyes greedy over the proceeds of the School and have started to use them for their personal use and which when brought to the notice of the supreme body, led to the dissolution of the interim committee constituted by the Prantiya Arya Pratinidhi Sabha vide letter no. Aa. Pra. Sa Jha.10/39.

It was further alleged that the accused persons have also approached the competent authority for registration of the Trust depicting themselves to be the independent body and concealing their relations with the supreme body of the Arya Samaj.

It was further alleged that there had been several attempts made from the side of the complainant to resolve the issue amicably but to no avail as the accused persons connive together and in the garb of fresh registration of the Trust wants to grab the valuable assets of the management of the D.A.V. Public School, Dhurwa. It is further stated that on 18.09.2012 when the complainant and witnesses have gone to the Principal’s office at the school to have discussion over the issue, they have been severely reprimanded and scolded for pursing their legal remedies.

It was further stated that the accused persons have got the registration of their Trust done on the strength of false and fabricated declaration which is sufficient to enter criminal liability entailed upon them for which they are jointly and severely responsible to be prosecuted.

7. Mr. Ajit Kumar, the learned senior counsel along with Mr. Rahul Kumar, learned counsel for the petitioners submits the D.A.V. School, Dhurwa is being presently run by the Managing Committee constituted in accordance with law and after due process of open election and the