Bhadanta Harsh Bodhi v. The Union Of India Through, The Director Central Bureau Of Investigation , 5 B, C. B. I. Hq Build

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Writ Jurisdiction Case No.721 of 2018 Arising Out of PS. Case No.- Year-1111 Thana- District- ====================================================== Bhadanta Harsh Bodhi, S/o Ramji Meshram, Resident of Village- Mahabodhi, Buddha Vihar, Upali Nagar, Haddiwali Chal, P.S.- Bhusawal, Distt- Jalgaon, Maharashtra, Presently at Near Mahabodhi Temple, Gaya, P.S.- Bodhgaya, Distt- Gaya. ... ... Petitioner

Versus

1.

The Union Of India through, The Director (Central Bureau Of Investigation), 5 B, C. B. I. HQ Building, C.G.O. Complex, Lodhi Road, New Delhi-110003. 2.

The State of Bihar through the Chief Secretary, Bihar office at Old Secretariate, Bailey Road, Patna-1.

3.

The I.G., Dept. of Registration, Govt. of Bihar office at New Secretariate, Bailey Road, Patna-1.

4.

The Director General of Police, Bihar, Office at Secretariate, Bailey Road, Patna. 5.

The Inspector General of Police, Magadh Zone, Gaya. 6.

The Deputy Inspector General of Police, Magadh Range, Gaya. 7.

The Superintendent of Police, District- Gaya, Gaya. 8.

Pragya Deep, General Secretary, All India Bhikkhu Sangha, Bodh Gaya, Gaya, Bihar. ... ... Respondents ====================================================== Appearance :

For the Petitioner/s :

Mr. Abhay Krishna, Advocate.

For the Respondent/s :

AAG-6 For the C.B.I.

:

Ms. Nivedita Nirvikar, Advocate.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 14-09-2022 Heard learned counsel for the petitioner and learned counsel for the State as also learned counsel for the CBI. In this writ application, the petitioner is seeking a direction to the respondent authorities to get investigated this case by CBI. The allegations are against one All Indian Bhikkhu Sangha which is said to be a non governmental organisation (NGO) registered under the Socities Act, 1860.

This Court has earlier disposed of similar matter being Cr.WJC No. 1724 of 2017 vide order dated 12.09.2022.

Patna High Court CR. WJC No.721 of 2018(2) dt.14-09-2022 2/2 In this case, a counter affidavit has been filed on behalf of the Senior Superintendent of Police, Gaya. It is stated therein that in the matter of the allegations made by the writ petitioner, the answering respondent called for inquiry report from the SHO, Bodh Gaya Police Station who has submitted the same under Memo No. 1538 of 2018 dated 19.05.2018. It transpired from the said report that neither any application has ever been given to register an FIR against All Indian Bhikkhu Sangh nor any FIR has been registered against the said organisation.

In another counter affidavit filed on behalf of respondent no. 3, it is stated with reference to the statements made in paragraph '12' of the writ application that in the light of the verdict of the Hon'ble Supreme Court of India, the matter has been placed before the CBI. In paragraph '16' of the counter affidavit, it is stated that the present writ criminal petition is devoid of merit and smacks of personal grudge of the petitioner. In the given facts and circumstances of the case, this Court finds no merit in this writ application and since no case is pending presently the question of issuing any direction for proper investigation does not arise. The application stands disposed of accordingly. (Rajeev Ranjan Prasad, J) Rajeev/- U T Note: The ordersheet duly signed has been attached with the record. However, in view of the present arrangements, during Pandemic period all concerned shall act on the basis of the copy of the order uploaded on the High Court website under the heading 'Judicial Orders Passed During The Pandemic Period'.