AMITBHAI PADMAKANTBHAI VAISHNAV Vs. N.D.RAMANANDI

JUDGEMENT

(1.) The present petition has been filed under Article 226 and 227 of the Constitution of India read with Section 482 of Cr.P.C. praying to quash and set aside the complaint being Criminal Complaint No. 6887 of 2013 pending before the Chief Judicial Magistrate, Bhavnagar (hereinafter referred to as 'the trial court') for the alleged offence under section 66 and 67 of the Bombay Public Trusts Act (hereinafter referred to as 'the said Act').

(2.) It appears that the petitioners along with other trustees of Gharshala Institute bearing bearing Trust Registration No. F/39/Bhavnagar were served with the summons issued by the trial court on 21.10.2013 in Criminal Complaint No. 6887 of 2013 filed by the respondent No. 1 - the Inspector, Office of Public Trust Registration. It was alleged in the said complaint filed against the present petitioners and others, in total 86 accused inter alia that the said trust was registered under the Bombay Public Trusts Act, and the trustees had failed to report the change in the procedure for the appointment of trustees, within 90 days of the occurrence of such change to the Charity Commissioner as required under Section 22 of the said Act read with Rule 13 of the said Rules, and thereby had committed offence under sections 66 and 67 of the said Act.

(3.) It is sought to be submitted by the learned advocate Mr. Ravani for the petitioners that the allegations made in the complaint do not constitute any offence as alleged, inasmuch as the complainant has not furnished any particulars as to when the change had taken place and how the offence under Section 66 or 67 of the said Act were committed. He further submitted that the complaint was also barred under section 468 of Cr.P.C. it having not been filed within six months from the date of occurrence of the alleged offence.