SHIELA GUPTA Vs. STATE OF U.P.

JUDGEMENT

(1.) Dispute in the present case is arising out of a Committee of Management of Sushila Jaswant Rai Maternity Hospital, Meerut under Jaswant Rai Churamani Trust Society. Undisputedly, the applicant was appointed by a resolution of society dtd. 2/10/2001 as a Chairman of said hospital and she remained on the said post till 15/2/2019, thereafter, one Rajiv Kumar Gupta was appointed as a Chairman of the said hospital.

(2.) It is a case of complainant (one of trustee/chairman of the Trust) that said new committee came to know in July, 2020 that applicant in connivance with other accused persons prepared a lease deed by misrepresenting herself to be a trustee of said hospital and executed in favour of Shreya Medicare Private Ltd. through its Director Mridul Sharma w/o Dr. Malay Sharma and handed over major part of hospital to them and thereby caused unlawful loss to society and to hospital and unlawful gain in favour of accused persons.

(3.) In these circumstances, an F.I.R. was lodged by complainant against the applicant and other accused persons on 7/10/2020 bearing Case Crime No. 676 of 2020 under Ss. 420, 467, 468, 471 at Police Station- Civil Lines, District- Meerut. The Investigating Officer conducted investigation and recorded statements of witnesses and came to a conclusion that there were sufficient evidence against applicant and other accused persons for committing offence under Sec. 420, 406 I.P.C. by applicant and offence under Sec. 420, 406, 120-B I.P.C. by other accused persons, viz., Mridul Sharma and Dr. Malay Sharma, and a charge sheet was filed, whereof cognizance was taken and summons were issued to applicant and other accused persons. The applicant is aggrieved by above referred criminal proceedings, charge sheet and its cognizance and therefore she is before this Court.