(1.) This revisional application under section 482 of the Code of Criminal Procedure (in short Code), 1973 preferred by the petitioner is aimed at quashing the criminal proceeding being Complaint Case No. C-4693 of 2004 pending before the learned Chief Judicial Magistrate (in short CJM), Alipore under sections 406/417/420/120B of the Indian Penal Code (in short IPC) filed by Opposite Party (O.P.) No. 2 as complainant and all orders passed in the said case including the orders dated 5th October, 2004 and 29th October, 2004.
(2.) The petitioner has the support of Mr. R. S. Lodha who is O.P. No. 3 and other O.Ps. and team of legal experts for the petitioner has been led by Mr. Shanti Bhusan, a renowned Jurist of India. On the other hand, the de facto complainant O.P. No. 2 is backed by the Birlas and for them Mr. Ram Jethmalani led the team, another famous Jurist of India. Before I proceed into the merits of the revisional application I think it expedient for the ends of justice and for appraisal of factual matrix and legal principles to mention, in short, the story depicted in the complaint by the complainant. The complaint is a very lengthy one and consists of 91 pages and has been annexed as P-4 with the revisional application and runs from pages 187 to 277. It is not necessary to mention in detail the factual matrix and the allegations disclosed in the complaint. It would serve the purpose, if the gist of the complaint containing important facts and circumstances are mentioned herein,
(3.) It has been mentioned in the complaint that, the complainant was very close to late Madhab Prasad Birla (MPB) and his wife Priyamvada Debi Birla (PDB) and he joined the M. P. Birla Group in 1977 and was looking after taxation affairs of the said MPB Group. The complainant was also asked to look after affairs of the different charitable institutions of the MPB Group and the five trusts formed by MPB and PDB in the year 1988 and the said trusts are the subject-matter of the complaint. Later on the complainant was made Secretary/ Managing Committee Member/ Trustee of some of the charitable institutions and in that capacity he continued as advisor of MPB Group till middle of 1998. He was requested by PDB in 1998 to join as an Executive and in that capacity he continued till December 31,2001 when he resigned. During their lifetime both MPB and PDB had decided to leave their estate to charity and with this noble objective they executed mutual Wills twice in the year 1981 and thereafter in the year 1982. Subsequently, in the year 1988 both MPB and PDB had created five mutual and reciprocal trusts to leave the estate covered by the five trusts to charity, out of which three are named as public charitable institutions. Complainant was involved in drafting the deeds and he was also a witness to mutual and reciprocal agreements between MPB and PDB. Both MPB and PDB subsequently nominated charitable institutions in which the properties held by five trusts worth about Rs. 2400 crores would vest. The public charitable institutions which were nominated are Hindusthan Medical Institution (HMI), Eastern India Educational Institution (EIEI) and M.P. Birla Foundation (MPBF). Complainant was appointed Member/ Hony. Secretary of HMI and also Hony. Secretary of MPBF.
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