IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.4189 of 2000 PREM SHANKAR CHAUDHARY & ORS Versus STATE OF BIHAR ----------- 6. 16.8.2010. Heard Sri A.B.Ojha, learned counsel appearing for the petitioners and the learned A.P.P. for the State. The informant of Alamganj P.S.Case No.370 of 1998 stated that he received some direction from his higher police officers that the trustees of Sarv Mangla Devi Trust were floundering with movable and immovable properties of the trust in various manner and as such he should register a case and investigate the case. Accordingly, the case was registered and ultimately the final report sending up the petitioners for trial for offences under Sections 467, 468 etc IPC was laid before the court which resulted in the passing of the summoning order dated 6.1.2000 by A.C.J.M., Patnacity in the above noted Alamganj P.S.Case no.370 of 1998(G.R.No.1832 of 1998). Some of the admitted facts may be indicated that a suit bearing Title Suit No.370 of 1989 has been filed after supercession of the above noted trust by the Bihar State Board of Religious Trust under - 2 - Section 32 of the Bihar Hindu Trust Act, 1950 seeking a declaratory relief that the said Sarv Mangla Devi Trust, Patnacity was not a public trust, rather it was a private trust of the family of the petitioner and was not covered by the provisions of that Act. Another petition also appears to be filed before the learned District & Sessions Judge, Patna under the relevant provision of the Bihar Hindu Religious Trust Act for setting aside the order superseding the trust and replacing it with a new trust as per the provisions of Section 32 of the above noted act which empowers the District & Sessions Judge to pass an order as prayed for. Considering these aspects, one such petition which was seeking quashing of another proceedings against some other persons probably the informant of the case has been quashed by a Bench of this Curt in Cr.Misc.Petitions No.7452 of 2007 and 4859 of 2005, besides a Miscellaneous Appeal preferred against the order framed under the Bihar Religious Trust under Section 32 of the said Act in respect of the above noted trust was dismissed taking cognizance of the fact that the issue was still - 3 - subjudice in the above noted title suit and it was expected that the adjudication shall be made by the competent civil court. A Bench of this Court as such in M.A.No.122 of 2007 directed Sub-Judge-V, Patnacity to expedite the disposal of Title Suit No.370 of 1991 while dismissing above noted miscellaneous appeal. Considering that the real issue is being considered by the competent civil court through a properly framed suit, the court believes that the proceedings on the basis of chargesheet submitted in the above noted Alamganj P.S.Case No.370 of 1998 appears completely an abuse of the process of the court and the same is hereby quashed. The petition is allowed. B.Kr. ( Dharnidhar Jha, J. )