RAVINDRA B. SACHADEY Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) AN interesting question is thrown up by this petition in proceeding pending before the Assistant Charity Commissioner, Greater Bombay Region, Bombay, is that an application under Section 195 of Cr.P.C. came to be given by the opponent of the change report A.C.C. IV/4148 of 1992. The opponent filed this application under Section 195 of the Cr.P.C. on averments that the reporting trustees had submitted the change report purported to be the signatures of persons some of whom are dead.

(2.) MAY be at the stage of which an application under Section 195 of the Cr.P.C. was given was not proper because unless there is a conclusion recorded by the authority to act under Section 195 of the Cr.P.C. to the effect that prima facie any offence is made out but that was not the approach of the Assistant Charity Commissioner.

(3.) CHANGE report, in relation to a trust which has been registered, is very much an inquiry pertaining to the registered trust and especially when it happens to be in relation to the change in the board of trustees it directly affects the management of the trust. The importance of that inquiry can never be underestimated.