CHARU KISHOR MEHTA Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Rule made returnable forthwith by consent of learned Counsel representing the parties. Heard submissions.

(2.) The Petitioner prayed for issuance of the writ of Mandamus or any other appropriate writ, order or direction, commanding Respondent no. 2 to forthwith file a FIR and carry out a thorough investigation in to the offences set out in the complaint of in the said complaint for punishment of the Accused therein and all persons connected with the said offence in accordance with law.

(3.) Facts briefly stated areThe Petitioner- Complainant had by an communication dated 25 th April 2008 addressed to the Additional Commissioner of Police, Economic Offences Wing, Crime branch C.I.D., Mumbai, made accusations that Shri Vijay Kirtilal Mehta, in pursuance of Criminal Conspiracy alongwith Dr. Narendra Trivedi, Dr Sanjay Prabhat Kapadia, Shri Rozario F. Paacheco, Shri Anant Kamath, Shri Lawrence Pareira, Shri Rajendra Kairnar, Shri Charanjit Singh Rekhi, Shri Dushyant Madhukant Mehata, Smt Jasmin Dushyanta Mehata, Shri Ganpat Balu Malap, Shri Sharan P. Khanna, Shri Jagdish B. Ahuja and 28 others forged or caused to be forged various documents including alleged Agreements of Assignment /Transfer, used the same as genuine knowing fully well that the same are fake /forged documents and thereby cheated the Public Charitable Trust of Leelavati Hospital and Research Center to an extent of Rs 13.67 crores. Thus, offence of Criminal Breach of Trust in pursuance of criminal conspiracy was alleged. It is contention of the petitioner that Shri Vijay kirtilal Mehta was Trustee in Charge and control of the affairs of Lilavati Hospital and Medical research Center (hereinafter referred as Lilavati Hospital) during the period between February, 2005 to June, 2005. He was dismissed by the Joint Charity Commissioner on the ground of his misdeeds of criminal misappropriation of property(although order was stayed by The City Civil Court, Mumbai). Dr. Narendra Trivedi, Dr Sanjay Prabhat Kapadia, Mr. Rozario F. Pacheco, Shri M. A. Kamath, Mr. Lawrence Pareira, Shri Rajendra Khairnar and Shri Charanjit Singh Rekhi are still acting as senior officials of the Lilavati Hospital Trust. Shri Dushyant Madhukant Mehta, though unqualified chemist is managing the medical supplies of the Lilavati Hospital and records would show that the entire management has been abdicated in favour of the said unqualified chemist by the senior officials. Shri Dushyant Madhukar Mehta with his wife Smt. Jasmine Dushyant Mehta and his assistant Shri Ganpat Balu Malap are part of the criminal conspiracy and co-perpetrators of the fraud committed upon Lilavati Hospital Trust resulting in huge loss to the State aided Public Charitable Trust. It is further contention of the petitioner that Shri Sharan P. Khanna who is Chief promoter of the Golden sea shell Co-operative Housing society Ltd., having his office at 309, Dalamal Tower, Nariman Point, Mumbai-21 (hereinafter referred to as 'Golden') and Shri Jagdish B Ahuja, proprietor of Ahuja platinum Properties, Bandra( hereinafter referred to as 'Ahuja') have together with dubious deals with Vijay K. Mehta made the Trust poorer by crores of Rupees, in pursuance of their criminal conspiracy, dishonestly forged and fabricated documents including the alleged Deed of Assignment/Transfer, using the same as genuine knowing fully well that the same were fake /forged documents causing loss to the Trust to the tune of Rs. 13.67. Crores for the sake of personal gains. The petitioner who had to live abroad during the medical treatment of her Husband Kishor Mehta (permanent Trustee of the Lilavati Hospital), had protested and advised Shri Vijay Mehta to mend his ways, who got infuriated and in retaliation sought to illegally and unlawfully remove Shri Kishor K Mehta as a Trustee and wrongfully and deliberately kept him away from the affairs of the Trust. According to the petitioner on or about 28-02-2005 the Golden participated in a tender floated by the Administrator of the specified undertaking of the Unit Trust of India ("UTI") for sale 28 flats along with 20 covered car parking spaces within the compound of the building no 16, MHB colony, K.C. Road, Bandra (west), Mumbai-52 along with the right to hold corresponding proportionate land on which the building is situated together with the right in common with the authority and the occupiers of the adjoining premises of the authority ("premises") Along with the Bid, 'Golden' paid sum of Rs 17,00,000/- to Ahuja. On or about 11-3-2005 Trust paid sum of Rs.17,00,000/-purportedly for stamp duty and registration charges in respect of the said premises. This was an illegal and unauthorized payment from the Trust to Ahuja as the said Trust had no any stake or involvement in the allege transaction in respect of the premises. The payment of Rs 17 lacs exactly corresponded with the down payment made to UTI by 'Golden'. Ahuja brokered a deal with between the 'Golden' and Vijay K Mehta and 10 others for the alleged Assignment dated 13 May 2005 of benefits of the acceptance of the Bid in respect of the premises from the Golden to Shri Vijay Mehta and 10 others. On 22-3-205 the bid was announced as successful by the UTI at Rs. 11,21,21,000/- plus stamp duty, registration charges, transfer charges and other expenses which may be payable. 'Golden' was required to pay a sum of Rs.95,12,100/- being balance EMD(10% of the bid ) by 8 th April 2005. On 7 th April 2005, a payment of Rs 95,12,100/- was made by the Trust to UTI on account of 'Golden' and it was forwarded by the 'Golden' to UTI under its letter dated 8 th April 2005. This was also unauthorized and illegal payment made from the Trust as the Trust had no stake/involvement in the said transaction. 'Golden' by the Deed of Assignment date 8 th April, 2005 agreed to assign benefits to Shri Vijay Mehta and others 10 for a consideration of Rs. 2,45,79,000/- payable as underi) By way of reimbursement of the amount of Rs.17 lacs paid by Golden; and