VIJENDRA CHAUHAN Vs. ASLI KHABAR

JUDGEMENT

(1.) This criminal application, preferred u/s 482 of the Code of Criminal Procedure, 1973 (hereinafter to be referred as Cr.P.C.), is directed for quashing the complaint case no. (1955/2009)/ 6083/09 and all the proceedings in the Complaint Case No.1955/2009, presently pending in the court of IIIrd Additional Chief Judicial Magistrate, Dehradun titled as "Asli Khabar Vs. Dr. Dato Mohan Swami & others".

(2.) In brief the facts of the case are that a complaint was filed against the petitioner and others by the respondent no.1 "Asli Khabar" through its authorized representative-Jaspreet Singh (Respondent No.2) in the court of III Addl. CJM, Dehradun with the averments that the respondent complainant is an Hindi Monthly Magazine, of which the respondent no.2-Jaspreet Singh was authorized to file the instant complaint on behalf of the Magazine and that the complaint was filed according to the provisions of Section 39 Cr.P.C. It was further stated that Dr. Swami Rami was a great Saint and he was the original resident of Uttarakhand and he spent most of his life in foreign countries and he devoted his life just for the welfare and service of the common people in India. In order to provide development to the Hilly Regions, he also formed a Society in the name of Himalyan Institute Hospital Trust {hereinafter to be referred as HIHT} at Jollygrant, PS Doiwala, Distt. Dehradun. The registration number of that Society is 113/89, which was registered in the office of Registrar, Uttar Pradesh. The said Society, under the guardianship of Dr. Swami Ram, got constructed a Medical College and a Modern Hospital in Jollygrant and that Medical College was known with the name of Himalyan Institute of Medical Sciences while the Hospital was known in the name of Himalyan Institute Hospital. It was also stated that in order to run the aforesaid institutions, Dr. Swami Ram also constituted a group of Board of Directors, of which the following Members were nominated as Board of Directors: - 1. Dr. Dato Mohan Swami 2. Vijay Dhasmana 3. Vikram Singh 4. Dr. V. Chauhan.

(3.) It was further stated that the said Himalyan Hospital Trust Society is having more than 500 Bighas of land, of which lakhs of square meters constructed buildings are there, in which the Hospital, PGI Medical College, Cancer Hospital and the institutions of Society existed. It was further stated that the aforesaid Members were looking after the property of the Society and those persons, committed a conspiracy, the object of which was to dispose of the properties of the HIHT against the law by benefiting themselves and further to cause loss to the Government Treasury and also to deceive the Government of India. It was also stated that on 14.5.2006, when the said Resolution was passed, there was no Society or Trust in the name of Swami Ram Vidyapeeth. It was further stated that on the basis of the said forged Resolution, the above-said persons moved applications in July, 2006 to the State Government and the Government of India with the request to get the Medical College of Swami Ram Vidyapeeth to be declared as a Deemed University. In that application, it was also shown that the said Swami Ram Vidyapeeth has received all the infrastructure of the Medical College from the HIHT University. Thereafter, the above-said persons got one Society registered in the name of Swami Ram Vidyapeeth on 20.12.2006. Thereafter, the above said persons also prepared a Lease Deed in favour of Swami Ram Vidya Peeth by deceiving the State Government with the intention to cause loss to the government treasury. As per the said Lease Deed, the HIHT has given its property on lease to Swami Ram Vidhyapeeth for a period of 99 years. As per this lease deed, according to law, no property could be transferred by the HIHT to Swami Ram Vidhyapeeth and even the property has been transferred without there being any permission of the District Judge concerned and in order to save the stamp duty, they have also shown the rent on a very lower side. After that on the basis of the said false Resolution and the documents, Swami Ram Vidyapeeth was declared as a Deemed University. It was further stated that with the conspiracy to cause loss to the Government and with the intention to get the benefits by deceiving the State Government, the status of Deemed University was obtained, which is against the law and rules. With the same averments, the complaint was filed on 1.5.2009 against the petitioner and others u/s 409/467/468/420/120-B IPC. Thereafter, the statements u/s 200 and 202 Cr.P.C. were recorded and after that vide order dated 13.7.2009, the petitioner was summoned by the order of Addl. CJM-III, Dehradun, being the Secretary of HIHT, Jollygrant, thereby the next date was fixed for 21.7.2009. However, on 15.7.2009 itself, the petitioner Dr. Vijendra Chauhan personally appeared before the trial court on 15.7.2009 being the Secretary of the HIHT along with the records of the HIHT and moved an application that the documents produced may be taken on record. On that application on 15.7.2009, the trial court directed the same to be taken on record. Now, assailing the entire proceedings of the court below, this petition has been filed before the Court.