Srila Giri Maharaja – “I can’t make you do what you won’t.”

Date: 10/28/18

Dear Sriman Soodarsan Krishna Das,

Please accept my humble dandavat pranamas in remembrance of our Divine Masters.

I have read you email, letter [attached below] and accompanying attachments and noted the contents.

I also forwarded the same with my comments to some of my close associates. A copy of that email is attached below my signature.

I have discussed all these matters at length many times with many devotees. My conclusion is this: no outside solution is possible; neither is it desirable.

I have offered my help many times to Acharya Maharaja and others who Srila Gurudeva directly selected to help him look after the Indian Maths. My help has always been utterly rejected with little or no attention to the reasonableness of it. Even when I pointed directly to Srila Gurudeva’s instructions as the way forward, those were also rejected. Acharya Maharaja proved to my satisfaction he would not follow Srila Govinda Maharaja’s direct instructions with respect to his Last Will and Testament. Neither would the others. If they will not follow our Divine Master, they will not follow any of us, either acting as individuals or as a group. As a result, whatever they might do in response to some outside intervention by other disciples of Srila Govinda Maharaja and/or Srila Sridhara Maharaja, as you’ve outlined, will only be done in consideration of their own self-interest and not the interest of our Divine Masters.

I have always respected Srila Govinda Maharaja’s selection of Acharya Maharaja as his successor acharya for the Navadwipa Math and the “Indian group” of Maths, which includes Mauritius:

In Malaysia, Sripad Balendranath Prabhu will be able to carry on but there too Bhakti Nirmal Acharyya Maharaj will give his leadership. Malaysia, Singapore, Philippines, Mauritius will all be under the control of Sripad Bhakti Nirmal Acharyya Maharaj. In Mauritius, Sripad Adhoksaja Prabhu has rendered service to great extent. If he and Sripad Dipta Krishna Prabhu take the help of Bhakti Nirmal Acharyya Maharaj, then the Mauritius Mission will continue in a much better way. But if one becomes “Rtvik” on his own, then it’s a different matter. I will not take their responsibility.

—Srila Govinda Maharaja, Last Will and Testament

“I can’t make you do what you won’t.”You do not seem to understand or appreciate the significance of Srila Govinda Maharaja’s selection of Acharya Maharaja (BNA) as the acharya of various Maths. The acharya of a Math should be considered as having a position of absoluteness. Thus his position is “unique and supreme”:

but Guru Mahārāj, told only one man with āchārya will be quorum. Here is very important things we are looking. One man with āchārya if there is quorum, then all power going to āchārya actually. If he can get one man, then mission will run. And what is … I ask this answer to Guru Mahārāj, what you have done it? Guru Mahārāj said actually who is the trustee, actually their position as an advisor. . . .

Then, service to the Deity, it is when running under guidance of āchārya, and āchārya position is unique and supreme in our mission.

. . .

yasya prasādād bhagavat-prasādo
yasyāprasādāt na gatiḥ kuto ’pi

Then, what is the desire of āchārya, that will be rule practically. That is the rule if āchārya not faulty person. Faulty means he is interested with other interest. You know what is fault. He is illegal, doing many things illegal, mundane things. And when it is, then all the trustee, they will be together, and other senior Vaiṣṇava, they will call and they will make meeting and they can tell against something āchārya. And there must be other senior Vaiṣṇava, two Vaiṣṇava must be present there, and all committee together, then they can tell something against of āchārya. And they will try to rectify the āchārya.
They cannot remove.

—Srila Govinda Maharaja, 93 GB Meeting 1A

For further reading on this matter, please refer to my article “They cannot remove the āchārya.

Because BNA would not follow Srila Gurudeva’s direction I have disassociated myself from him, his party and all those of similar mentality. We have the full sanction to follow our guru’s instructions to our utmost ability, as we understand them to be. We are not a military which can make others bend to our will, even if it directly coincides with the direction or our guru. The jiva always has the freedom to choose the behavior he believes best for his own good.

We must have faith in our guru and we must follow him as a matter of duty, whether we like it or not. We have only the power of persuasion to cause others to do the same. We should not expect we will be able to persuade everyone.

My faith is that Gurudeva made BNA the acharya of certain Maths and I will not interfere there. I have said many times “Gurudeva made Acharya Maharaja the acharya of the Navadwipa Math. He may take it to heaven or hell, it is his to do with as he sees best.” That is my position.

You cannot believe the Navadwipa Math is the “Central Math” if you have no faith in Acharya Maharaja as the acharya of that Math. Only if you have faith that Acharya Maharaja is a bonafide acharya and representative of Srila Govinda Maharaja can you hold any of his Maths to be the “Central Math.” If you believe like that you should offer your help directly to Sripada Acharya Maharaja. In any event, you should not conspire against him. If you do not have faith in him you should pursue your faith following the guidance of Srila Gurudeva’s vani or those who you find to represent his vani through their faith and devotion.

At present I have been told what you call the “Central Math” in Navadwipa is under the control of the enemies of your guru; namely, Nandana Maharaja, Ranjit and others of similar mentality who see the Math as a mundane object they wish to possess and use for their selfish purposes. They are guru-tyagi and guru-bhogi. As I understand your email and attachments, your purposes are no different from theirs.

Your duty, as a disciple of Srila Govinda Maharaja is to follow him and keep your faith in him. You should pursue your spiritual life wherever your conscience and Truth lead you. You should not interfere with Acharya Maharaja’s acts as acharya, although you are free to ignore him if you believe that is the correct course of action.

You may help him. You may be indifferent to him. But you should not hurt him.

I pray this finds you well in all respects,

Sincerely,

Swami B.K. Giri

Email attached to the above—

From: Swami BK Giri
Subject: Fwd: Putting some lights on some facts of Our math
Date: October 27, 2018 at 7:10:27 PM EDT
To: Gokulananda das, Sriman Uddharan Das

Dear Srimans Uddharan dasa & Gokulananda dasa,

I offer you both my humble dandavat pranamas.

I just read the email & attachments below my signature. They offer some details of court cases involving Acharya Maharaja which (basically) rejected BNA’s attempts to have his India Passport accepted as proof of Indian nationality. They also pointed to numerous atrocities that have occurred in the Indian Mathas since Srila Gurudeva’s disappearance and suggestions for correcting them.

My quick reading tells me the court cases are at least five years old and don’t shed any light on BNA’s current legal position in any matter whatsoever. As possession is sometimes considered to represent nine-tenths of the law, it seems to me the fact that BNA still seems to be circulating freely in India tells us India accepts possession of him, otherwise they would have deported him to Bangladesh. Therefore, I don’t see the relevance of the court doc’s presented along with the email.

Soodarsan Krishna Das all but admits BNA’s acceptance as a legal resident of India when he writes:

“This is the reason why Acharya Maharaj is less interested in putting Gurudev’s money to maintain and save his assets including cows .He prefer rather ,for instance ,to develop a mandir at Narsimha Pali for his own convenience .

His recent Money Making activity is as follows :- Actually ,he is residing at Dum Dum park and allowing Vipul Prabhu , to do Fire sacrifice Puja “Shaad” for dead people at our math in Dum Dum Park .They are earning some 25 to 30 thousands daily for such pujas . . . “

If BNA can “. . . develop a mandir at Narsimha Pali for his own convenience.” while “Actually ,he is residing at Dum Dum park… “ the clear implication is that he has some legal standing to reside in India. If he can reside at Dum Dum Park (Kolkata) while developing a Mandira just the other side of the Ganga from Navadwipa it’s difficult to see why he can’t continue to manage the Navadwipa Matha and other Indian Mathas, as Srila Gurudeva wanted him to do.

Soodarsan Krishna Das suggests worldwide group action by devotees of SCSM should take place to rectify the horrible conditions persistent in the Indian Maths (which he describes at some length in his letter) with, of course, special emphasis on the “Central Math.” However, his thinking is to completely bypass and ignore Gurudeva’s designated acharya for the “Central Math.” How can this be accepted by Gurudeva’s disciples and followers?

In his attached letter (“Dear Giri Maharaj and others”) SKd wrote:

“It is an undeniable fact that Our Gurudev announced , Acharya Maharaj to be the Successor of Gurudev on the 4th day of December 2009 .Our Gurudev had seen in him the capability of taking charge of his mission and assets in India as he had been the manager since years .This is the reason why many international devotees accept him as the sole successor of Gurudev .But for most local Indian he is a trespasser .”

So, on the one hand SKd acknowledges BNA as being the “Successor of Gurudev . . . [with] the capability of taking charge of his mission and assets in India”, ;while on the other hand declaring him totally unfit for those purposes and suggesting he not be included in any of the decision making with regard to the Indian Maths to which he was appointed as Acharya.

SKd then proposes what amounts to another addendum to Gurudeva’s Will that would include the following elements, among others:

1.To hold a General meeting like an( Istagosti ) at the Central Math and invite all the Sanyasis and prabhus so that we can discuss and take collateral decisions on the future of our Gurudev Mission .Perform a maha fire sacrifice in which all world devotees will participate either physically or by heart and burn down all our ego and misunderstanding and give up and eliminate the old and worn out dogmatic way of thinking . Give a fresh start and outlook to our serving attitude for the satisfaction of our Gurudev .

2.Bring harmony and mutual understanding among local devotees and friends and trying to figure out durable solutions and cooperation among us . Give due honor and respects to local devotees and sanyasis who are willing to work under a same banner .Legally ,as per constitution they are only allowed by the government of India to sit in committees to represent the maths all over India . Neither Acharya Maharaj ,Ranjit and Vipul Prabhu are eligible to sit in a simple committee as they are Bangladesi .

Re: 1. If the “Central Math” is what the term implies, why are his proposed measures needed? Wouldn’t all the devotees already have come together to save their “Central Math”? It seems they have taken care of the other Maths; otherwise, SKd would also have recommended their salvation.

Could it be devotees see various other Maths as their “central Math” and, therefore, give their first attention to them while leaving BNA to look after his Maths? Maybe his Maths are “central” to him, but not to others. If it were not so, why would they not sacrifice and contribute all that is needed from the non-central Maths in order to save the “central Math”?

Re: 2. How does one “Bring harmony and mutual understanding among local devotees and friends … “? To “Bring harmony and mutual understanding” to someone means they exist somewhere. Presumably SKd believes he knows “harmony and mutual understanding” exist. If he knows they exist, he must also know where they exist. Therefore, he should be the one to “Bring” them to all those in need of them, thus solving all the problems that concern him.

But what if he “Bring[s] harmony and mutual understanding” to those who don’t want them and will not accept what he has brought? He is not clear how he will cause his gifts to be received by those he wants to distribute them to.

“Neither Acharya Maharaj ,Ranjit and Vipul Prabhu are eligible to sit in a simple committee as they are Bangladesi .”

One reason just occurred to me as to why BSG may have quickly removed his post “Ultimatum | To BN Acharya Maharaja”:

You dare to offensively compare your selection to the “power transmission of the Rupanuga line” from Srila Saraswati Thakur to Srila Guru Maharaja. Have you lost your mind! You were picked because Srila Govinda Maharaja considers you fit to oversee his rice fields. You puffed up, impertinent Bangladeshi boy.

. . .

Srila Gurudeva warned me many times about Banga (Bangladeshis). He predicted they would ruin Sri Chaitanya Saraswat Math. And it has come true. All of you, both parties, callously trashing the dignity of Srila Guru Maharaja: You, Ranajit, Bipul et al. all Bangladeshis; ego driven demons hellbent on destroying Sri Chaitanya Saraswat Math. In my opinion, all Bangladeshis, yourself included, should be deported back to your homeland, Bangladesh.

“May the Peace and Blessings of Allah be Upon You”

By the way, if your fellow Bangladeshi, Ranajit with whom you contemplate “a deal” continues with his evil plans to destroy Srila Guru Maharaja’s Math and dispossess the Deities of their property, rape charges will be brought against him. Only this will not be a false case. All the veranda servitors of Srila Gurudeva know that he is a rapist; they all know whom he raped, and are prepared to testify. On my recent visit to Vrindavan I stopped in Delhi and shark-like lawyers are preparing testimony to guarantee success.

— Ultimatum | To BN Acharya Maharaja, December 6, 2013 by goswami.

Perhaps BSG thought he had gone too far, by stating his knowledge of the actual Bangladesh nationality of Acharya Maharaja. His statements do not amount to any sort of proof, but they arouse suspicions. And perhaps BSG also had proof. After all, he wouldn’t make wild unsubstantiated accusations; would he?

We can only demand change of ourselves.

Yours,

Swami B.K. Giri

Sriman Soodarsan Krishna Das’s email to B.K. Giri

On Oct 27, 2018, Sahy Soodarsan wrote:

Dear Giri Maharaj ,

I want to share some of my observation upon prevailing degrading conditions of our ashrams in India .I hope that some sort of response may emerge .Feel free to put forward questions relating this matter or other misunderstanding etc .

My coordinates are as follows :-

[Some personal information omitted]
Soodarsan Krishna Das
Rep of Mauritius

What follows below is a document that came attached to the above email and is titled “Dear Giri Maharaj and others.”

Please note: I include the letter below as a means to supply context for my response to it. Sriman Soodharsan’s opinions do not necessarily reflect those of myself or Sri Chaitanya Saraswat Math. In fact, I strongly disagree with much of what he says. Likewise, I have no idea whether certain “facts” he claims to be presenting are true or false.

He included with his email to me a pdf file of a court document, which appears to be true to the text from said document that he included in his letter below. However, neither the text of his letter nor the pdf file he supplied offer any specifics regarding the court that produced the document. Neither has any link to the court or its document database been provided that would offer a means to verify the origin of the document. I indented the portion of the letter containing the text of the court document as it seems wholly irrelevant to me. It is five years old and settles nothing legally, much less spiritually, which is our only real concern.

Dear Giri Maharaj and others

Sorry for my poor English

My name is Soodarsan Sahy ( Soodarsan Krishna Das ) from Mauritius and I want to share some of my observation and concern about our Dear Sri Chaitanya Saraswat Nabdwip Math during this very auspicious month of Kartik Month .

This month is very special to me because I was initiated during the Golden Jubilee period in 1991 and I can remember all those glorious days , these fabulous morning and evening kirtans as if it was yesterday .Gurudev booked two whole train carriages from Calcutta to Mathura for the Vrindavan Parikrama and we stayed at Modi Bhavan there .During that moment everything was perfectly managed and maintained by our Gurudev but nowadays it is very sad and regretful that Sri Chaitanya Saraswat Math is no more flourishing as before but has come to a full stop in India since the passing away of Gurudev in 2010 .The situation is getting worse since I learn from some local devotees that Ranjit Prabhu had sold most of the cows and fish from the pond of Govinda Kund just to fill his pocket .He is also trying to sell all the assets of Gurudev ,including Land ,building etc .He and Acharya Maharaj are playing dirty Politics and fooling the whole world but the reality is not as we all know . Their strongest point or weapon is Kanak ( Money ) . Our money ,our pure contribution which we heart fully gave to our Dear Gurudev .They have miss used these assets of Gurudev for their personal Benefit .Having all the money of Gurudev and also some bodyguards , both of them want to reign over Central Math in Nabdwip whose sole owner is Sri Sri Guru Gauranga Gandharva Govindasundarajiu ,prior to the departure of our Srila Gurudev .

Offences done by all of us ,including the main culprit Ranjit Prabhu and Acharya Maharaj?

All of Gurudev’s disciples ,we have ,unknowingly ,done big offence by allowing sales of cows in the central Math by Ranjit Prabhu . We have hurt the core point of our Gurudev’s heart . It is for sure that each and everyone has to bear the reaction of this act .Being ignorant is never an answer to such a sad tragedy . The reactions must will come .It is time to bring some revealing facts public because for me the Wait and See period is over . By virtue of his poor and egocentric mentality ,Acharya Maharaj had fail to protect innocent and voiceless animals ,then what to speak of the local residents ,friends and well wishes . Some documents which had been lying in my table drawer since 2013 has to be put to public ,I don’t care about the consequence of such act .This is a court judgement related to the citizenship of Acharya Maharaj ,Ranjit and Vipul Prabhu

@ -Why was Acharya Maharaj unable to do anything about these cow Mass Murder ? Who is he ? Why can’t he take a single flight since eight years ? Who is Ranjit Prabhu ?

I shall try to clarify some of these points according to my knowledge and understanding .

It is an undeniable fact that Our Gurudev announced , Acharya Maharaj to be the Successor of Gurudev on the 4th day of December 2009 .Our Gurudev had seen in him the capability of taking charge of his mission and assets in India as he had been the manager since years .This is the reason why many international devotees accept him as the sole successor of Gurudev .But for most local Indian he is a trespasser .

It is also a fact that during the period of his transition ,he had taken the help of Police to keep in custody some of our local devotees like Bhudev Prabhu , Paramhansa Maharaj ,Mahadev Prabhu ,Sagar Maharaj etc ( The real Dham Bhasis ) on baseless charges such as stealing of rice and food items in their own home . He further bribed the police for keeping these innocent devotees for some more days as punishment until the situation would become calm and normal before Gurudev left Nabdwip for Calcutta during Gaura Purnima Festival on 28 Feb 2010. For this operation , I learn that he had disbursed lots of Gurudev’s Laxmi ( About Rs 500,000 indian rupees ) to feed these corrupted officers . By doing so he had bought a tools and requirements to dig his own grave , you will discover why ? a bit later !

This was the first misuse of Gurudev’s assets and Energy .Instead of harmonizing the situation by giving them some sort of Hope ,he had opted to oust them from their only house which is protected by its eternal owner , Sri Sri Guru Gauranga Gandharva Govindasundarajiu .

At time of announcement of his Acharyaship during Dec 2009 ,things were in the favor of Acharya Maharaj to its highest level . At such a particular moment ,if he had thought of these true resident and try to bring real harmony by gathering them together on a common table ,things would not have gone worse to such an extent as it is today .There are thousands of ways to bring harmony and peace to a deteriorating conditions in an ashram . Our Gurudev was a champion in creating such kind of atmosphere in the time of Param Gurudev . But our present “Guru” had just missed this opportunity and opted to fight with these hopeless and penniless residents in his way . In doing so , he has forced them to use a unconventional way of defense,that of hand force .Gurudev was very upset and much disturbed when he came to know about this incident .His health condition just became worse after that and three weeks later ,Gurudev left us on the 27th March 2010 . Now it happen that Acharya Maharaj had a doubtful past before he put his first step in Nabdwip , being a Bangladesi resident just as Ranjit and Vipul Prabhu , they had tactfully managed to use forged important documents such as voters card , false I.D and school admission records etc prior to their joining in our math since 1992.Later on ,they were able to obtain a genuine passport from these documents and Gurudev was unaware about these forgery matter .For Ranjit and Vipul Prabh their cases are still at an Initial Level whereas for Acharya Maharaj , his Judgment had been announced by the High court of Calcutta since 2012 and his appeal to the Supreme Court had been dismissed since 25 / 11 / 2013 .To fight his case , he had drained away tremendous sum of Gurudev’s money .

OK lets go through the Judgment Reports which is available Online in the Indian Judiciary System

6. 17.4.2012.

a.s. C.R.R.2714 of 2011 With C.R.A.N.1272 of 2012 With C.R.A.N.7 of 2012.

In Re : An application under Section 482 of the Code of Criminal Procedure.

In the matter of : Bhakti Nirmal Acharya ……..Petitioner.

Mr. Sudipto Moitra, Mr. Sandipan Ganguly, Mr. Somopriyo Chowdhuri. …….For the Petitioner.

Mr. Ranjan Roy, Mr. Ranajit Roy, Mr. A. Bhattacharyya. …….For the O.P.No.2.

Mr. Amarta Ghosh. ……For the State.

This revisional application under Section 482 of the Cr. P. C. has been taken out by Bhakti Nirmal Ahcarya Maharaj praying for quashing of the proceeding in G. R. Case No.286 of 2010 arising out

of Nabadwip Police Station Case No.293 of 2010 dated 13.11.2010 under Sections 467/468/471/427/323/120B of the I.P.C. read with Section 14 of the Foreigners Act mainly on the following grounds; a) that the petitioner being a valid passport holder which is still in force, cannot be declared and prosecuted as foreigner; b) that the annexures P-4, P-5 and the birth certificate issued by Registrar of Death and Birth, Nabadwip Municipality altogether indicates that the petitioner was born on 12.2.1962 in India at Gorret Hospital, Nabadwip; c) that all the disputes are pertaining to a Math and property thereof over which civil suit and probate case are pending and an order of interim injunction has been passed in favour of the petitioner; d) that no case is made out against the petitioner in the F.I.R. as well as in the charge sheet and continuation of the proceeding would be amounting to abuse of the process of the Court. In substance, the factual aspect of the case is that one Sagar Maharaj @ Jagatbandhu Roy Biswas lodged one F.I.R. with I.C. Nabadwip Police Station, Nadia alleging therein that the petitioner herein who is known as Bhakti Nirmal Acharya @ Nemai Das @ Binod Brahammachary @ Bivas Sikdar infiltrated in India from Bangladesh in the year 1993 and started residing in Purbasthali and had taken shelter in Chaitanya Saraswat Math, Nabadwip where he was baptized directly from Bhakti Sundar Gobinda Maharaj @ Gobinda Das. Thereafter, the petitioner by illegally using the ration card of Nemai Das, forged voter card and birth certificate which was cancelled initially but on 19.4.2010, again by using the forged voter I.D. card and birth certificate, somehow, he managed to obtain a birth certificate with Registration No.224. He tried to establish himself as Nemai Das, a student of Haritola Bidyapith. He also obtained passport by using forged ration card, voter I.D. card, birth certificate and school certificate. He also manufactured a Will in respect of all the properties of Math and had been misappropriating the properties of the Math for his wrongful gain. He had also been withdrawing money from different Bank accounts by forging signatures with the help of Mangal Maharaj @ Narayan Saha, Damodar Adhikary, Jamuna @ Joes Melani, Mahananda Brahammachary @ Mikel Rock and Dr. Pratik Kumar Sen and many others. On 27.10.2010, he trespassed into the room of Sagar Maharaj @ Jagatbandhu Roy Biswas, caused mischief by breaking all his articles and assaulted him also. On the basis of the said F.I.R., Nabadwip Police Station Case No.293 of 2010 dated 13.11.2010 under Sections 467/468/471/427/323/120B of the I.P.C. was started. The case was investigated into and in the meantime, Section 14 of the Foreigners’ Act was added to the above offences on the prayer of the I.O. The petitioner tried for anticipatory bail both in the Court of the learned Sessions Judge and High Court unsuccessfully. Warrant of proclamation of arrest has been issued against him by the Court upon submissions of the charge sheet. The petitioner has come up with this application for quashing of the proceedings on the grounds already stated. Mr. Sudipto Moitra, learned Counsel appearing on behalf of the petitioner contends that since the passport is still valid and in force, the I.O. had no reason to prosecute the petitioner under Foreigners Act because so long the passport remains valid, the petitioner should be treated as an Indian citizen. In support of his contention, he refers to the decision of Bombay High Court in the case of A. G. Kazi & Ors. Vs. C. V. Jethwani, reported in A.I.R. 1967 Bombay 235. It was held by the Court that a passport is a peace of evidence as to the nationality. The grant of a passport is nothing but an administrative action of the Government in exercise of its executive or administrative function which is subject to judicial review by Court in exercise of its powers under Section 226 and 227 of the Constitution. Mr. Moitra refers to the decision of the Hon’ble Apex Court in State of Gujarat Vs. Yakub Ibrahim, reported in A.I.R. 1974 SC 645. It was held that it was not proper for the prosecuting authorities to have proceeded with the case against the respondent when upon the facts set up by the respondent, it became clear that the respondent could not be prosecuted or convicted without determination under Section 9 of the Citizenship Act, 1955, that he had voluntarily acquired the Citizenship of Pakistan between 26th January, 1950, and commencement of the Citizenship Act on 30th December, 1955. It was further held that the passport shall be the conclusive proof that its holder has acquired the citizenship of the country whose passport he holds. Mr. Moitra further takes this Court to annexure P-3, the adinterim interim injunction passed in O.S.19 of 2010 on 26.11.2010 in favour of the petitioner, the Annexure P-4, the photocopy of the letter written to the petitioner by Joint Secretary, Government of West Bengal, P-5, the photocopy of certificate given by Registrar, Birth and Death, Nabadwip Municipality clarifying the clerical mistake in issuing birth certificate registered under No.216A dated 12.2.1962 and the certificate of birth issued in favour of Nemai Das dated 19.4.2010 under Registration No.224 dated 15.2.1962. He submits that these documents altogether indicates that Nemai Das, i.e., the petitioner who became Bhakti Nirmal Acharya Maharaj after baptism was born on 15.2.1962 in Nabadwip. Therefore, question of forging the birth certificate, voter I.D. card, school certificate etc. had never arisen so far as the petitioner is concerned. Mr. Moitra submits further that when the actual dispute is pending in Civil Court, this Court should not encourage criminal prosecution. In support of his contention, he also refers to a decision of this Court in Tajmul Hossain Shah @ Taju Shah & Anr. Vs. The State of West Bengal & Anr., reported in (2006) 1 C. Cr. LR (Cal) 177. Mr. Ghosh, learned Counsel appearing on behalf of the opposite party/State of West Bengal submits that there are materials in abundance in the C.D. justifying filing of charge sheet against the petitioner under the offences mentioned therein. The Civil Suit will not come in the way in continuing a criminal prosecution, if criminality is attributed to the petitioner. Mr. Ranjan Kr. Roy, learned Counsel appearing on behalf of the opposite party no.2 submits that this Court is supposed to exercise its inherent power under Section 482 of the Cr. P. C. sparingly and with great caution in rarest of rare cases and only to see whether a prima facie case is made out or not in the F.I.R./charge sheet. I have carefully gone through the F.I.R. as well as the charge sheet filed. Mr. Ghosh, learned Counsel appearing on behalf of the State produces the C.D. also and this Court gets the opportunity to go through it. The C.D. discloses how tactfully this petitioner has managed to become Nemai Das not being so after being infiltrated from Bangladesh in the year 1993. The seizure list shows that 1) the I.O. seized the admission register of Haritola Bidyapith and did not find the name of Nemai Das therein as a student at any point of time, 2) the photocopy of the cancelled voter list No.284 Nabadwip General Assembly Election, 3) objection notice of Mahadeb Brahammachary, 4) birth registration of Bivas Sikdar, 5) original birth registration book No.4 from 2.12.1961 to 29.12.1962 containing Sl. No.224 dated 15.2.1962 of Nabadwip Municipality and 5) P. R. 20/11 of Birth-cum-Death Register of Nabadwip Municipality. The I.O. examined not only the inhabitants of the Math but also Dibyendu Acharya, Sub Inspector of Nabadwip Municipality. I have perused the statement of witnesses recorded under Section 161 of the Cr. P. C. by the I.O. I have also perused the F.I.R. with rapt attention. There is, no doubt, a strong prima facie case against this petitioner for committing offences mentioned earlier. It is true that the passport is original but it is the case of the prosecution that it was obtained by practising fraud and using forged documents. It might be that the I.O. has not prayed for cancellation of the passport but that fact alone does not demolish the prosecution case which has been made out prima facie in the F.I.R. as well as in course of investigation which ended in charge sheet. It is trite law that High Court can exercise its power under Section 482 of the Code and quash a proceeding only when on the face of allegations contained in the F.I.R. together with the materials collected during investigation, no offence is made out against the accused. This principle of the Hon’ble Apex Court in State of Haryana Vs. Bhajanlal, reported in 1992 SCC (Cri) 426 has been followed by all the courts as well as the Hon’ble Apex Court consistently. Therefore, first thing for this Court to consider is whether or not the F.I.R. discloses any offence against the accused/petitioner. If it discloses and the investigation is done on the basis of such F.I.R. and ended in a charge sheet, there is little scope for this Court to exercise such a power. At the cost of reiteration, it is stated that the F.I.R. as well as the materials in C.D. altogether establishes a strong prima facie case against the petitioner for which he can be prosecuted under the abovementioned sections. The documents relied on by the petitioner can be used by him as defence evidence. The petitioner may also invoke the provisions of Section 239/227 of the Code. This Court, while exercising the power under Section 482 of the Cr. P. C. is not supposed to delve into the facts to consider whether there is a case of acquittal or conviction likely. The appropriate stage of rising defence in a sessions case is provided under Section 227 of the Code and in a case triable by a Magistrate under Section 239 of the Cr. P. C. The points taken by the petitioner are defence case and this Court cannot delve into such factual controversy so as to quash a proceeding. This Court is not also supposed to assume the role of a trial court and embark upon an enquiry as to reliability of evidence and sustainability of accusation on a reasonable appreciation of such evidence. Truthfulness or otherwise of allegation is not fit to be gone into at this stage as it is always a matter of trial. The decisions of the Hon’ble Court in Ajoy Kr. Das Vs. State of Jharkhand, reported in (2012) 1 SCC (Cri) 564, Jhandu Pharmaceutical Works Ltd. Vs. Md. Saharul Hque, reported in 2005 SCC (Cri) 283, K. Neelaveni Vs. State, reported in (2011) 1 SCC (Cri) 219, Kamala Devi Agarwal Vs. State of West Bengal, reported in (2002) 1 SCC 555 can well be referred to in this regard. Mr. Moitra has taken the plea that a Civil Suit is pending and an interim temporary injunction order has been passed in favour of the petitioner. Therefore, this criminal prosecution has been initiated by the defacto complainant for wrecking vengeance in order to spite the petitioner. There cannot be any proposition of law that no criminal prosecution can be initiated simply because a civil suit is pending. Merely because an act has a civil profile that does not denude it of its criminal out fit unless the allegations fall short in making out a criminal case. It is settled principle of law that no criminal prosecution can be thwarted at the initial stage merely because civil proceedings are also pending over the self-same allegations and at the same time, there is no bar to the simultaneous continuation of a criminal proceeding even when both arise out of same prosecution, unless element of criminality is absent. It is stated already that there are materials enough in the F.I.R. as well as in the C.D. making out a strong prima facie case against the petitioner. The materials collected in course of investigation prima facie indicate how this petitioner committed the offences alleged. There are elements of criminality and, as such, there is no bar to continue the criminal prosecution even in pendency of a civil suit. In State of Gujarat Vs. Yakub Ibrahim (Supra), the question before the Hon’ble Court was whether the petitioner therein could be prosecuted or convicted without determination under Section 9 of the Citizenship Act, 1955 that he had voluntarily acquired citizenship between 26th January, 1950 and commencement of Citizenhip Act dated 30.12.1955. It was a case of contravention of provisions of Clause 7(iii) of Foreigners Order 1948 and thereby a commission of offence under Section 13 of the Foreigners Act. There is no dispute as to the view taken by the Hon’ble Court. But the factual matrix of this case and the case before the Hon’ble Court are quite different. Herein, the passport is genuine but it was obtained by using forged documents and practising fraud upon the authorities. Whether it should be cancelled or not is a question to be decided by the executive authorities not by this Court. The proposition of law taken by the Hon’ble Bombay High Court in A. K. Kazi (Supra) is not also disputed. It was a different context and related to power of passport authorities. I find that both the cases referred to above have no application in the petition in hands. In view of the discussions above, I find that this Court should not exercise its extraordinary power to quash the proceeding against the petitioner as sought for. The revisional application stands dismissed. In view of the order above, both the C.R.A.N. applications are also dismissed. C.D. be returned to Mr. Ghosh, learned Counsel appearing on behalf of the State of West Bengal. Urgent photostat certified copy of this order, if applied for, be given to the learned Advocates of the parties upon compliance of necessary formalities. (KANCHAN CHAKRABORTY, J.)

The supreme court had also rejected his appeal on 25 /11/2013

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This is the reason why Acharya Maharaj is less interested in putting Gurudev’s money to maintain and save his assets including cows .He prefer rather ,for instance ,to develop a mandir at Narsimha Pali for his own convenience . His recent Money Making activity is as follows :- Actually ,he is residing at Dum Dum park and allowing Vipul Prabhu , to do Fire sacrifice Puja “Shaad” for dead people at our math in Dum Dum Park .They are earning some 25 to 30 thousands daily for such pujas . How can he be so IRRESPONSIBLE and MONEY MINDED to allow such heinous activities at such a pure and cherished place and mandir premises and in other hand he is not giving time and money to feed and maintain these voiceless and innocent animals of our Math .What the use of building endless number of temples ,if proper service and respect is not being given to the Central Math .If Mangal Maharaj ( Mahananda Prabhu ) was there as math secretary , he could have stopped this horrible tragedy . But , thing had happened otherwise .

WHAT CAN BE DONE TO SAVE THIS MISSION .
If we are really serious upon this matter , all SCS math devotees must come together as one and fight these wrongdoings . Stop Ranjit from further looting the Assets of Gurudev and reestablish the lost dignity and glories of Gurudev and Param Gurudev . Things that need to be done .
1.To hold a General meeting like an( Istagosti ) at the Central Math and invite all the Sanyasis and prabhus so that we can discuss and take collateral decisions on the future of our Gurudev Mission .Perform a maha fire sacrifice in which all world devotees will participate either physically or by heart and burn down all our ego and misunderstanding and give up and eliminate the old and worn out dogmatic way of thinking . Give a fresh start and outlook to our serving attitude for the satisfaction of our Gurudev .
2.Bring harmony and mutual understanding among local devotees and friends and trying to figure out durable solutions and cooperation among us . Give due honor and respects to local devotees and sanyasis who are willing to work under a same banner .Legally ,as per constitution they are only allowed by the government of India to sit in committees to represent the maths all over India . Neither Acharya Maharaj ,Ranjit and Vipul Prabhu are eligible to sit in a simple committee as they are Bangladesi .
3. Make a full fledge list of worldwide devotees and sanyasis with respective endorsement and bring these names to the knowledge of Government of India so that in the future they may recognize and include all of us in a much broader organization ,probably then to be known as the Sri Chaitanya Saraswat Math Foundation . Open up opportunities to all sanyasis desiring to initiate disciples and bring more followers and friends to serve our Gurudev mission .
4. Senior sanyasis and devotees including Matajis and sanyasinis who have tremendeous experience and talents can put their ideas together to draw a roadmap and a sort of blueprint that will guide and monitor all those activities and movements of sanyasis and preaching activities ,book publishing etc , that would promote better services in India and worldwide for the satisfaction of our Gurudev .A worldwide fund raising activity and a proper management team ,with devotees from all over the world , should be appointed so that we can boost up and catch up the lateness that had been accumulate since years .
I am 100% willing to help and act as a mediator to make all these things happen . The Indian party is eager to come and sit for a discussion .My wife ( Sumanasi Devi Dasi )who is from UP India can also help . Thanks and hoping for a positive response from your side .