SEWAK BALKISHAN GUPTA Vs. THE STATE

JUDGEMENT

(1.) By virtue of the above four captioned petitions, the petitioners invoke the inherent jurisdiction of this Court under Section 482 of the Code of Criminal Procedure, 1973 read with Article 227 of the Constitution of India, 1950 to set aside the order of framing of charge dated 6th May, 2014 and 17th May, 2014 passed by the learned Chief Metropolitan Magistrate in FIR No. 119/97 dated 10th March, 1997 under Sections 201 / 448 / 471 / 120-B / 34 IPC registered at Police Station Chitranjan Park, New Delhi, which was upheld by the District and Sessions Judge, South East, Saket Court on 7 th October, 2016.

(2.) The factual matrix of the case is that, the respondent no.2 - Jitender Nath, the President of Shri Sanatan Dhanam, Greater Kailash-II Sabha made a complaint on 3rd March, 1997 with the Commissioner of Police, regarding commission of offence of criminal trespass, destruction of records, man-handling of the staff and use of force in the Administrative Block of Shri Sanatan Dharam Greater Kailash-II Sabha. It was alleged by the respondent no.2/complainant that on 2nd March, 1997 accused persons namely B.K. Rana, P.R. Gulati, Rajnish Goenka and Kamal Gaind in furtherance of criminal conspiracy trespassed into the office of Sanatan Dharam Greater Kailash-II in order to grab the administration of the said Sabha and snatched the keys from the respondent no.2/complainant and took illegal possession of gullak/chest. It was further alleged that all the accused persons forged three documents i.e. requisition for holding Extraordinary General Body Meeting dated 3rd January, 1997; Notice dated 4th February, 1997 for attending Extraordinary General Body Meeting and attendance register of the Extraordinary General Body Meeting dated 2nd March, 1997 to justify their act and used these documents in litigations before High Court and were filed in the office of Registrar of Societies on 5th March, 1997 by Rajnish Goenka and Ramphal Bansal assisted the accused persons.

(3.) It was further alleged that the accused persons opened a new account in the State Bank of Indore, Greater Kailash-II in the name of Sanatan Dharam Greater Kailash-II Sabha and cheated the contributors, whose money was deposited in new account. Furthermore, it was alleged by the complainant that Advocate Ram Phal Bansal represented the accused persons in the High Court and though he gave undertaking on behalf of them that the forged documents would be produced for the purpose of investigation, but the same were alleged to be destroyed by him in conspiracy with co-accused and he gave an excuse that these documents have been misplaced in his office.