VIJAY KUMAR GUPTA Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) Petitioner has approached this Court seeking the following reliefs:-

(2.) Facts, in brief, are that petitioner lodged a First Information Report at P.S. Rishikesh Dehradun on 21.02.2015 stating therein that the trust has been formed for the proper management of the registered society established by Swami Kailashanand in the year 1959. The property of the society was registered for the religious and welfare purpose. Trust was registered in the year 1971 and Shri Kailashanand became lifetime Trustee/President and later on in 1976 advisory committee has passed a proposal to appoint more trustees and nominated Brijraj Gopal and Sarojini Devi as the new trustees of the trust and agreed to make them trusty in writing. On 08.08.1977 President Swami Kailashanand has executed Trust Deed to appoint them as trustees and registered that Deed on 10.08.1977. It is written in this deed that all the above three trustees would have equal rights and will work as trustees for their lifelong and they will possess similar rights and powers like they can operate bank accounts personally and Swami Ji has given all his rights and powers to them and declared that he will not write any deed in future and all the Trust property belong to above three trustees. Swami Kailashanad became N.R.I. and every year for six month he used to live in America and all the meetings of trust were to be organized in New York because most of the trustees were living there. All the work related with the donation and trust had been executed in America and later on the Kailashanand Mission trust have proposed a resolution on 10.05.1978 and Vijay Kumar Gupta had been appointed as the Assistant Manager of the trust to sign all the papers and deeds of the Trust in absence of Swami Kailashanand. In the year 1987 Swami Kailashanand has written power of attorney in favour of Rangi Lal (Purohit) to operate the bank account number 5643 of the State Bank of India Rishikesh Branch at Laxman Jhula Road, Rishikesh. After the sudden demise of Brij Raj Gupta in the year 1992, Trust passed a resolution in the year 1993 and Vijay Kumar Gupta was appointed as a trustee in place of Brij Raj Gupta and as such he acquired all the powers and rights. On 12.08.1997 when the President Swami Kailashanand was in America then at that time Manager of Trust Sri Baburam Porwal stated that it is very important to settle the tax matter and that a person from the Trust should be present in the office. Swami Ji directed the Manager to take signatures of Rangi Lal and Daya Ram Rayal in his absence only for the purpose of tax matters. It is alleged that Naveen Porwal, Ratnesh Gupta and Shri Krishna Awtar Gupta, J.K. Pandey and I.C. Singhal (C.A.) are involved in criminal conspiracy and also indulge in illegal acts and they are doing forgery and they have fraudulently made wrong balance sheet and wrong bills and are involved in misappropriation of the funds and property of the trust. They fraudulently made signature of Swami Kailashanand in collusion with I.C. Singhal. Thereafter, Ratikant who was the Manager of the trust brought the fact of these illegal acts into the knowledge of President Swami Kailashanand. It is further alleged that on 11.04.2009 a Resolution was passed by the Trust against Naveen Porwal, Ratnesh Gupta, Kishan Avtar Gupta and Jai Kishore Pandey for hatching criminal conspiracy and their indulgence in illegal acts and misappropriation by making forged signatures. On 05.05.2011 Swami Kailashanand died in mysterious circumstances. At that time, petitioner Vijay Kumar Gupta and Sarojini Devi were lifetime trustee whereas others were mere trustees. On 14.09.2011, a meeting was held in America wherein a resolution was passed that the President Vijay Kumar Gupta will look after the property and rights of the Trust property because some persons are misappropriating the property and money of the trust. This was also proposed that the petitioner Vijay Kumar Gupta will look after and have the power to file the criminal, civil or revenue case in any court of law. After the death of Swami Ji, the petitioner and other trustees, informed the State Bank of India vide letter dated 16.05.2011 that all the transactions/withdrawal may be restricted. But after few days Branch Manager Anil Kumar Jain and Regional Manager Pankaj Sharma has removed that estoppel with the collusion of above persons and removed the original papers from the bank record and at the place of original papers they kept new forged papers which were given to them by the persons doing conspiracy. It is clear from that act that these employees were also involved in the money withdrawal from the bank with the help of those documents. It is also alleged that the Branch Manager has illegally removed signature of Swami Kailashanand from the bank records and put signature of Naveen Porwal and Rangilal to operate the bank accounts.

(3.) It is contended that the petitioner had given an application to the Investigating Officer on 24.06.2015 informing that on 23.03.2006 Proposal was made by Rangi Lal Sharma, Dayaram Rayal, Naveen Porwal by making forged signature of Swamiji which was found forged in the report of handwriting expert dated 24.05.2012. It is also contended that the petitioner has given several documents to the Investigating Officer in support of the allegations made in the F.I.R. but the Investigating Officer has not paid any heed on the same. It is submitted that the petitioner has no hope that fair and unbiased investigation will be conducted in the matter as the respondents are very influential persons.