The main legal point established in the judgment is that a second FIR on the same cause of action and for the same offense is not maintainable, and the order taking cognizance on the protest petition in the second FIR was deemed illegal.

Ram Surat Ram (Maurya),J.

1. Heard Sri Kiran Kumar Arora, for the applicants and Sri Anil Kumar Singh, for opposite party-2.

2. This application under Section 482 Cr.P.C. has been filed for quashing the order of Additional Chief Judicial Magistrate, Court No.1, Mathura dated 20.05.2015, rejecting Final Report submitted by Investigating Officer in Case Crime No. 667 of 2008, under Section 420 , 467, 468, 471 IPC, PS Vrindavan, Mathura and taking cognizance under Section 190 (1) (b) Cr.P.C. on the protest petition filed by Priya Saran Das (opposite party-2), as well as consequential proceeding of Case No. 99 of 2014 (Priaya Saran Das Vs. Prem Bihari Saran and others) pending before him.

3. On the complaint of Priya Saran Das (opposite party-2), FIR of Case Crime No. 667 of 2008, under Section 420 , 467, 468, 471 IPC, PS Vrindavan, Mathura, was registered on 17.07.2008 at 10.50 hours. It has been stated in FIR that Priya Saran Das disciple of Prem Das Ji, was at that time Sewait, Mohatmim and Mutwalli of Sri Radha Bihari and Saligram Ji Maharaj, situated at Gandhi Marg, Vrindavan, PS Vrindavan, Mathura. He was also acting as sewait of the place of his uncle guru Sri Lakshmi Narain Das Ji disciple of Sant Saran Ji Maharaj. Plot 407 (area 850 Sq. Yard) situate at Kaimar Van, Vrindavan, Mathura belonged to Sri Radha Bihari and Saligram Ji Maharaj. Sri Lakshmi Narain Das Ji, as a shewait, executed a lease deed dated 04.04.1978 of aforesaid plot 407, on a premium of Rs. 5000/- and rent of Rs. 1/- per year in favour of Nimbark Saran Ji Maharaj disciple of Kunj Bihari Saran Ji Maharaj, resident of Radha Niwas, Vrindavan and handed over possession of it to Nimbark Saran Ji Maharaj. In this lease deed name of Prem Bihari Saran was also included being guru-bhai of Nimbark Saran Ji Maharaj, while Prem Bihari Saran had neither paid any amount towards premium of the lease nor entered into possession of the aforesaid plot and he had never paid rent of the land in dispute. After death of Nimbark Saran Ji, Chatur Sampraday Virakt Vaishnav Parishad, Vrindavan appointed Nawal Kishor Das as mahant of aforesaid leased land and other property of Nimbark Saran Ji, in 1981 and handed over possession to him over his gaddi and all the properties of Nimbark Saran Ji, who is still in possession of it and paying rent of leased property to Thakur Ji. Prem Bihari Saran several times sold and got back the leased property in a forged manner. Lastly, Prem Bihari Saran disciple of Kunj Bihari Saran, malafide, in collusion with, by committing forgery and showing the aforesaid property of Thakur Ji as his property, sold to another person Chhagan Bihari Saran disciple of Shri Ji Maharaj, resident of Shri Ji Bagicha, Parikrama Marg, Vrindavan, Manish Verma, Sandeep Verma, Vivek Verma, Ankur Verma sons of Om Prakash Verma, Sonu Verma wife of Manish Verma and Anita Verma wife of Ashish Verma, residents of 20/1, Diabil Nagar, Krishna Nagar, PS Kotwali, Mathura on 16.03.2006, for which he had no legal right. Neither Prem Bihari Saran nor aforesaid persons were in possession of the aforesaid leased property. In this land, house and hermitage of Nawal Kishor Das is situated, which was constructed by him, after getting lay-out plan sanctioned from Mathura-Vrindavan Development Authority and he had paid rent to Thakur Ji. Prem Bihari Saran has neither ever paid rent to Thakur Ji nor was ever in possession of it.

4. The police, after investigation submitted Final Report on 24.01.2009. The Magistrate, however, did not accept Final Report and by order dated 07.09.2009 directed for further investigation. The police, after further investigation again submitted Final Report on 22.12.2009. The Magistrate, again did not accept Final Report and by order dated 28.04.2010 directed for further investigation. The police, after investigation again submitted Final Report on 10.10.2012. Opposite party-2 filed a protest petition. Additional Chief Judicial Magistrate, Court No.1, Mathura