Petitioner seeks quash of proceedings in C.C.No.608 of 2011 on the file of learned Judicial Magistrate VI, Coimbatore.
2. Heard learned counsel for petitioners, learned counsel for first respondent and learned Government Advocate [Crl.side] for State.
3. The complaint of first respondent is as follows:
1. It is submitted that the complainant herein is the secretary of the St.Mary's Jacobite Syrian Orthodox Church (Jacobite Church). The aforementioned church is situated at Pudu Thottam 1st Street, Kannappa Nagar, Nallampalayam Road, Coimbatore 641 027. The vicar is the spiritual head of the above church. It is further submitted that the followers of the Jacobite Syrian Christian Community has got strong true apostolic faith and tradition upon holy apostolic see of Antioch and all the east. The spiritual head of the Syrian Christian Religion performs different and unique ceremonies, rituals and prayers for Jesus Christ at the time of baptism, holy mass, confession, marriage, burial and other occasions to the members and their family.
2. It is submitted that the complainant church has a duly appointed vicar. The appointment of vicar is done by diocesan bishop. All the spirituals ceremonies and rituals shall be performed by the vicar of the complainant church for the members and their family. No other is allowed to perform any ceremonies and rituals to the complainant church members, followers and believers.
3. It is submitted that the complainant church is situate in the property purchased in the name of The Jacobite Syrian Christian Association founded for the church. In addition to the above property, the church owns a burial ground for burying deceased members of the complainant church at Sowripalayam Road, Coimbatore by virtue of the declaratory right granted under the decree passed in A.S.No.124/1991 by the Hon'ble Subordinate Judge of Coimbatore exclusively for complainant church i.e. Jacobite Church. The complainant in pursuant to the declarative decree, got the possession of the burial ground and using exclusively for the burying of the complainant church members (Jacobite church). The Electricity service connection has also given to the burial ground in the name of the complainant church under S.C.No.005-003-1605.
4. It is submitted that during the time of office bearers election held in the year 2009, the defeated candidates in the election formed another association in the name of Jacobite Syrian Christian Association and started to give innumerable problems both to the office bearers and spiritual head i.e. vicar of the complainant church. Many litigations were initiated by the above said newly formed office bearers of the association. In one such litigation, the newly formed association office bearers challenging the order passed in the appeal C.M.A.No.3 of 2010 passed by the Hon'ble Second Subordinate Judge of Coimbatore filed a Civil Revision Petition(P.D) No.2610 of 2010 before the Hon'ble High Court of Judicature at Madras. The Hon'ble High Court disposed of the said Revision Petition without going to the mertis of the case, made the following observation The injunction granted in favour of the respondent herein shall not be used by the respondent to prevent the members of the petitioner association from offering their prayers in the church situated in item No.1 of the suit properties and it will not enable the respondent to prevent the members of the petitioner association from burying the dead bodies of their family members in the cemetery situated in item no.3 of the suit schedule properties.
5. It is submitted that the complainant church association has filed a review petition against the said observations under Review NO:142/10 and the same is pending for the disposal.
6. It is submitted that the accused no.1 & 2 who are the officer bearers of the newly formed association, instead of strictly complying the observation in letter and spirit acted high handedly in collusion with the accused no.3 to 12 at the burial time of N.K.Abraham who is none other than the father of the accused no.1. The complainant and the spiritual head vicar of the church obliged for the burial of N.K.Abraham on 03.07.2011 in the burial ground of the complainant's church cemetery situated in Sowripalayam Road, Coimbatore, at the request made by the accused no.1's elder brother Abraham Saji. As per the tradition and practice of the church, the spiritual head of the complainant church i.e. Vicar is duty bound to perform the last rights for the dead man to be buried. As per the observation made in the Civil Revision petition in No.2610 of 2010, the injunction granted in favour of the complainant church association shall not be used to prevent the civil revision petitioners and their family members in offering prayers in the church and buring the dead members in the burial ground belonging to the church. The plain reading of the above observations made by the Hon'ble High Court reveals that the earlier order of injunction appeallate Court in C.M.A.No.3/2010 has been confirmed in the Civil Revision Petition. The complainant church was directed in the said observations not to prevent the newly formed the association members. The said observation only permit to bury the family members of the newly formed association members and not for conducting any spiritual rites for the dead man by bringing in any other priest from other churches. The accused no.1 and 2 ought to have obliged with the spiritual head vicar of the complainant church for conducting the last rites of the dead body. As per the practice and tradition the head vicar of the church is alone duty bound to perform any rite spirituals. The newly formed association members do not deny the appointment of vicar to the complainant church. In other words the newly formed association members are permitted to offer prayers in the complainant's church headed by the vicar. While the facts being so, the accused no.1 and 2 ought to have performed the last rites to N.K.Abraham by inviting the vicar/priest of the complainant church for burial of N.K.Abraham.
7. It is submitted that on 03.07.2011 while the accused no.1 and 2 burying the body of the N.K.Abraham brought the accused no.3 to 12 as priests form Malankara Orthodox Syrian Church, Kerala, not of Jacobite Church and confronted with the complainant and other members of the complainant's church adamantly that the accused no.3 to 12 will alone perform last rites for the dead body of N.K.Abraham. There is long term enmity Malankara Orthodox Syrian Church, and the Jacobite Syrian Christian Church i.e. the complainant's church. The said Malankara Orthodox Syrian Community has also got separate burial ground of the complainant church. The priest of the one Syrian Community will not enter into others Syrian Communities spiritual matters and rites. Nor that the one Syrian Communioty people will invite the priest of the other Syrian Community for the performance of the spirityal rites and ceremonies. The accused no.1 and 2 has puposely invited the accused no.3 to 12 from Malankara Orthodox Syrian Church. The accused no.3 tp 12 has also attended the burial ground of the Jacobite Syrian Community for performing the burial rites to wreak vengeance for insulting and injuring the religious feelings and sentiments of the complainants church members. The accused no.1 and 2 and accused no.3 to 12 has already made a criminal conspiracy to create disharmony and enmity among these two groups and in this process to insult and injure the religious feelings and sentiments of the Jacobite Syrian Community. The accused no.1's brother Abraham Saji has also addressed a letter dated 04.07.2011 about the conspiracy hatched up accused no.1 and 2 with the priest of Malankara Orthodox Syrian Church Community to perform last rites for burying the body of his father N.K.Anbraham at the burial ground of the complainant church.
8. It is submitted that so far outside priest were never allowed to perform any last spirituals in the burial ground other than the vicar/priest of the complainant church. The accused no.1 and 2 forcibly with the fighting postures threatened the members of the complainant church with dire consequences if the accusedno.3 to 12 are not allowed to perform last rituals upon the dead body of N.K.Abraham. The above conforntation made by the accused no.3 to 12 evoked a great deal of tension at the burial ground site. The religious feeling of the members of the complainant church was very much insulted and injured on account of the last rituals in the burial ground which was performed by accused no.3 to 12 at the instance of accused no.1 and 2 on 03.07.2011 created enmity and disharmony between the members of the complainant's church/association as one group and the accused as another group. The accused no.3 to 12 being a priest of Malankara Orthodox Syrian Church Community know pretty well that they should not enter into the exclusive burial ground of the Jacobite Syrian Community. They deliberately entered into burial ground of the complainant's church in order to create disharmony, enmity, insult and injure the feelings and sentiments of the Jacobite Syrian Coummunity. The accused no.3 to 12 entry into the complainant's church burial ground is amonting to criminal tress pass made with malafide intention to commit the offences u/s.153A,295A and 297 of I.P.C.
9. Immediately after the occurrence, the complainant and the other members of the complainant church send telegrams on 03.07.2011 and 05.07.2011 to the Chief Minister of Tamil Nadu, Commissioner of Police, Coimbatore District and The District Collector. The complainant also gave a written complaint to the Inspector of Police, B-7 Police Station, Coimbatore to take action against the accused mentioned herein. The B-7 Police Station has also received the receipt No.236/CSR/B7L&OPS of the complainant on 07.07.2011. But either the Commissioner of Police, Coimbatore or the Inspector of B-7 Police Station, Coimbatore did not take any action till now for prosecuting them. Hence this complaint is made before this Hon'ble Court.''
4. Learned counsel for first respondent submits that a civil action initiated in A.S.No.124 of 1991 on the file of learned Subordinate Judge, Coimbatore, seeking permanent injunction restraining petitioners from interfering with the affairs of respondent's church, has resulted in a decree passed in favour of respondent.
5. Be that as it may, the Criminal Original Petition shall stand allowed for in the larger part it informs commission of offences u/s.153-A and 295-A IPC.
Section 196 Cr.P.C. stipulates that no Court shall take cognizance of any such offence except upon the previous sanction of the Central or State Government.
The Criminal Original Petition is allowed. The proceedings in C.C.No.608 of 2011 on the file of learned Judicial Magistrate VI, Coimbatore, is quashed. Connected miscellaneous petitions are closed.
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1.The Judicial Magistrate VI, Coimbatore.
2.The Inspector of Police, B-7 Police Station, Coimbatore.
3.The Public Prosecutor, High Court, Madras.
Crl.O.P.No.2270 of 2012 01.06.2017