2018 Supreme(Online)(Mad) 277
IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 04.04.2018 Orders Reserved on Orders Pronounced on
21.09.2017 04.04.2018 CORAM:
THE HONOURABLE MR.JUSTICE A.D.JAGADISH CHANDIRA Crl.O.P.No.5464 of 2011 andCrl.M.P.No.1 of 20111.
11. Rev.Samuel D.Stephens President National Association of Interdependent Churches No.48, Chairman Chinnaiah Road N.M.Extension, Salem-7.
22. R.S.Vasantha Raj Albert Council Member National Association of Interdependent Churches rd No.1, 3 Street, Krishna Nagar Thiru.Vi.Ka. Nagar, Chennai
33. Joshua Vijayakumar Trustee, National Association of Interdependent Churches rd Ist Floor, Jonespuram 3 Street, Pasumalai, Madurai.
44. Pastor Paul Raj General Co-Ordinator National Association of Interdependent Churches No.48, Chairman Chinnaiah Road N.M.Extension, Salem-7. ... Petitioners / Accused 1 to 4 -vs-
A.Samuel Ramasamy ... Respondent / Complainant PRAYER :
Criminal original petition, filed under Section 482 of Criminal Procedure Code, seeking to call for the records relating to proceedings in C.C.No.695 of 2006, on the file of the Judicial Magistrate No.II, Poonamallee and quash the same.
For Petitioner : Mr.K.S.Dinakaran, Senior Counsel for Mr.M.Arokiaraj For Respondent : No appearance
['M/S M AROKIARAJ', '', 'S KARTHIKEYAN', 'NOTICE SERVED', '', 'A SAMUVEL RAMASAMY', 'CHENNAI']
ORDER
The criminal original petition has been filed, under Section 482 Cr.P.C., by the petitioners / accused seeking to quash the proceedings initiated against them by the respondent / complainant in C.C.No.695 of 2006, pending on the file of the learned Judicial Magistrate No.II, Poonamallee.
2. The case of the respondent / complainant in brief is that the petitioners / Accused in the private complaint are the President, Council Member, Trustee and General Co-Ordinator of the National Association of Interdependent Churches (in short, NAIC). He is doing Gospel work from 1983 onwards having himself got faith in Jesus Christ and during 1980, he got Baptised and thereafter, he became an independent Pastor. Furthermore, during 1994, the World Wide Mission had also ordained the respondent / complainant as a Pastor and thereafter, he had established Churches at Veerapuram, Thiruvallur Park Nagar, Madhuravoyil, Ambattur, Korattur, Kottur, Gnayiru, Karanodai, Srirangam (Trichy) and Ranchi (Bihar) and in several other places totalling more than 250 in number.
3. According to the respondent / complainant, as an independent organiser, between 1983 and 1996, he brought many Churches situated in the Circle of Chennai and Thiruvallur and its surrounding area under his wing by his missionary efforts. Resultantly, about 250 Churches were under his control as he is the sole organizer within the Biblical Jurisdiction of preaching gospel and members run to 1,50,000 including non-christian and christian faith. That apart, about 1000 women leaders and youths and about 20,000 children were also under his wing.
4. During February 1996, the first petitioner / first accused with an object of acquiring wrongful gain to his organisation (NAIC), induced and abetted the second petitioner / second accused and the second petitioner / second accused, as an agent of the first petitioner/ first accused, met the respondent / complainant in a Pastors' Meeting conducted by the respondent / complainant and made a false representation stating that their Organisation, namely, NAIC is a Society, registered under the Co-operatives Act and forced him to join in their Organisation along with the Churches under, which are under his wing and issued a folder to him promising that they would provide financial support for the construction of Churches, purchasing Bibles and would make arrangements for issuing licence to the Pastors of the Churches under the respondent / complainant's wing to conduct Christian marriages.
5. Further, according to the respondent / complainant, he and the Churches under his wing joined NAIC Organisation of the petitioners 1 and 2 / respondents 1 and 2, but for the fact that it is a registered Society, he and the Churches under his wing would not have joined the Organisation during 1996. The respondent / complainant was given a post of Co-ordinator in the said Organisation and for which a flag and shield were also issued to him by the first petitioner / first accused. Thereafter, the first petitioner/ first accused, with an intention criminally, issued letters, dated 11.08.2000 and 21.03.2001, signed by the fourth petitioner / fourth Accused to the respondent / complainant and the Churches under his wing in order to collect Rs.1,50,000/- and Rs.75,000/- from the unemployed youths for providing jobs in Singapore, but, inasmuch as it was beyond the scheme of the gospel work, the respondent / complainant had refused it. Further, the fourth petitioner / fourth Accused declared the above said Organisation as a registered one and the petitioners / respondents received subscription runs to several lakhs from the respondent / complainant and the Churches under his wing and for which the petitioners / respondents issued bogus membership certificates to the respondent / complainant and his Churches.
6. Further, according to the respondent / complainant, NAIC Organisation is not a registered Society as declared by the first petitioner / first accused, as the Dist