Rev. Manish S. Gideon v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPC No. 2154 of 2015

1. Rev. Manish S. Gideon Executive Secretary M. P. Regional Conference Methodist Church In India Jabalpur S/o Shri C. R. Gideon Aged About 46 Years R/o M. P. Regional Conference Office C B Home Behind Dixit Pride, Near Taiyab Ali Petrol Pump Naiper Town Jabalpur (Madhya Pradesh)

2. Rev. Subhash C Saul, District Superintendent M. P. Regional Conference District Bastar M C I, S/o Shri J. Saul, Aged About 63 Years R/o Mission Compound D S Bungalow Jagdalpur District Bastar (Chhattisgarh)

3. Emmanuel Shah S/o Yash Shah Aged About 63 Years R/o Shanti Nagar Ward Jagdalpur District Bastar Chhattisgarh.

---- Petitioner

Versus

1. State Of Chhattisgarh Through Department Of Home, Indrawati Bhawan Naya Raipur Dist Raipur, Chhattisgarh.

2. Collector Jagdalpur District Bastar Chhattisgarh.

3. Superintendent Of Police Jagdalpur District Bastar Chhattisgarh.

4. Sub Divisional Magistrate Jagdalpur District Bastar Chhattisgarh.

5. Mr. Joyal Bechak S/o Late Shri D. S. Bechak Aged About 73 Years R/o Nayamunda Para Madan Malviya Ward Jagdalpur District Bastar (Chhattisgarh) ---- Respondent For Petitioners : Shri VVS Murthy, Sr. Adv. with Shri Saurabh Dangi, Adv. For Respondent/State : Shri RK Gupta, Deputy AG. For Respondent No.5 : Shri PP Sahu, Advocate. Hon'ble Shri Justice Prashant Kumar Mishra Order On Board

21/12/2015

1. The petitioners and respondent No.5 are members of Methodist Church in India. The dispute pertains to administration of Chandaiya Memorial Methodist Church, Jagdalpur, District Bastar.

2. Proceeding under Section 145 CrPC is pending before the SDM, Jagdalpur in Special Criminal Case No.7/2015. Considering the ensuing Christmas, members of the Church apprehend breach of peace at the time of offering prayers, therefore, the petitioners have prayed for a direction to the Magistrate to conclude the proceeding under Section 145 CrPC at the earliest.

3. Considering the entire fact situation of the case, the writ petition is disposed of with a direction that respondent No.4, Sub Divisional Magistrate, Jagdalpur shall expedite the hearing of the proceeding under Section 145 CrPC and conclude the same at the earliest, preferably within a period of 2 months. In the meanwhile, the said SDM shall ensure that no law and order situation is created in the Church premises at the time of ensuing X-Mass celebrations. If the petitioners offer prayer at the time when the prayers are organized by respondent No.5, the petitioners and members shall also be allowed to offer prayer and no restriction or prohibition shall be created by any of the respondents. Sd/- Judge (Prashant Kumar Mishra) Barve