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2020 Supreme(All) 2

DINESH KUMAR SINGH
Mahanth Kalyan Das – Appellant
Versus
State of U. P. – Respondent


Advocates Appeared:
For the Applicant : Ravi Singh, Manoj Kumar Mishra
For the Opposite Party :Govt. Advocate, Ajai Kumar Verma, Hemant Kumar Mishra, Mohammad Ehtesham Khan, Rajesh Kumar Awasthi

JUDGMENT :

1. The present petition under Section 482 Cr.P.C. has been filed for quashing the proceedings including the summoning order dated 6.6.2009 and the order dated 30.9.2009 issuing bailable warrant against the petitioners passed in Complaint Case No.3482 of 2009, pending in the court of Additional Chief Judicial Magistrate IInd, Faizabad (Now Ayodhya).

2. The case of the petitioners is that Gata Nos.799, 1011, 1013, 1014 and 1015 are recorded in the name of Udasin Sangat Datavya Evam Lok Sansthan, Ranopali, Ayodhya of which Damodar Das, Disciple (Chela) Mahadeo Das was the Mahanth and Sarvrahkar. After the death of Damodar Das, petitioner no.1, Mahant Kalyan Das, became the Mahanth and sarvrakar as per inheritance and succession on the basis of registered Will duly executed by Mahanth Damodar Das. Name of the petitioner no.1 was recorded as Mahanth and Sarvrakar vide mutation order passed under Section 33/39 of the U.P. Land Revenue Act and name of Damodar Das was deleted. A report dated 1.1.2004 was sent by the Sub-Divisional Magistrate, Sadar, Faizabad to the Additional District Magistrate (Administration), Faizabad stating therein that on the basis of the report of the Tehs

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