M. MURTAZA HUSAIN, J.

( 1 ) THIS appeal has been filed by a complainant after obtaining special leave from this Court against the order dated 11-5-78 passed by a Magistrate of the 1st Class at Lucknow whereby he has acquitted the respondent of charges under Sections 295 and 448, I. P. C.

( 2 ) A Church building, with appurtenant residential quarters and open compound, lies in Mohalla saadatganj in the city of Lucknow. These premises undis-putedly belong to Methodist Church of southern Asia. In these premises the respondent was running a nursery school and a charitable dispensary since before the filing of the complaint which has given rise to this appeal. The complainant appellant, D. P. Titus, is the District Superintendent of Methodist Churches in southern Asia. He filed a complaint with the allegations that in the year 1955 the respondent was appointed Pastor of Saadatganj Church which was consecrated property for worship by the christians. It was entrusted to the respondent in the aforesaid capacity in order to hold regular prayers in the worship hall of the Church and to maintain the same for religious purposes. It was contended that in contravention of the directions issued t

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