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2006 Supreme(P&H) 651

NIRMAL YADAV
Mahant Chand Nath Yogi – Appellant
Versus
State Of Haryana – Respondent


Judgment

1. Through this petition, the petitioner seeks quashing of FIR No.17 dated 24/1/1999, under Sections 302/120-B IPC, P. S. Bawal, District rewari. The brief facts as set out in the petition are that Shri Shreo Nath was the Mahant and Guru of Gaddi Math, Asthal Bohar. Petitioner as well as one baba Azad Nath were the Chelas of Mahant Shri Shreo Nath. Mahant shri shreo Nath executed a registered Will on 24.5.1984 in favour of petitioner declaring him as successor to his Gaddi. In a civil suit filed at District courts, Karnal on 30.7.1984, Mahant Shri Shreo Nath, as per statement annexure A-6 deposed that he had appointed petitioner as his heir by performing all the ceremonies. Mahant Shri Shreo Nath expired on 7.1.1985 and petitioner was declared as successor of Mahant Shri Shreo Nath by performing Chaddar Rasam on 9.1.1985. It may be relevant to mention here that Baba Azad Nath never challenged the Mahantship of the petitioner in any Court of law nor did he challenge the Will executed by Mahant shri shreo Nath. Baba Azad Nath started residing in village Asalwas since 1984, which is at a distance of about 100 kilometres from the Math of Baba mast nath at Asthal Bohar (Rohtak )

































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