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'Sri Krishna Janambhumi Trust' Lodges FIR Against 'Shri Krishna Janambhumi Nirman Nyas Trust' Members: Allahabad HC Grants Protection from Any Coercive Action [READ ORDER]

By Pavitra Shetty      Nov 03, 2020      0 Comments      1,975 Views

The Allahabad High Court has granted protection from any coercive action to petitioners who are allegedly engaged in the work of the development of Krishna Janambhumi.

Petitioners have stated before the Court that they have registered a Trust namely Shri Krishna JanambhumiNirmanNyas.

Krishna Janambhumi Trust through its Secretary Sri Kapil Sharma lodged the FIR against petitioners as they are aggrieved because of the registration of such Trust by the petitioners.

It was alleged that Sri Krishna Janambhumi Trust is a registered body having existence over 7 decades.

The petition thus with an intention to interfere in their work and to fraudulently misrepresent to the public to collect funds in the name of reconstruction of Sri Krishna JanambhumiNirmanNyas has formed this trust named as Shri Krishna JanambhumiNirmanNyas.

They further held that their intention is to collect money from the public by using their religious sentiments and t dent to the reputation of Sri Krishna Janambhumi Trust.

It was submitted by the petitioners that they had engaged with Shri Krishna JanambhumiNirmanNyas Trust and if there is any grievance of the complaint then there is a forum for settling such a grievance under the provisions of the Trust Act so also under the Civil Law.

They further argued that FIR was filed with mala fide intention and there is no offense committed by them as mentioned in the FIR.

The Bench of Justice Pankaj Naqvi and Justice Vivek Agarwal heard the petition.

The Bench was of the opinion that as far as registration of Trust by the petitioners is concerned it is a civil dispute which is capable of being adjudicated under the Trusts Act under which Trust has been registered.

The Court gave benefit to the petitioners directing the police authorities not to take any coercive action against the petitioners in case they cooperate with the investigation till the filing of the charge sheet.

The court concluded by saying that the authorities shall be required to complete the investigation within three months from the order passed.

The writ petition was thus disposed of.

 

[READ ORDER]



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