SHIRIN FAZALBHOY Vs. STATE OF BIHAR

JUDGEMENT

(1.) THIS application has been filed under Section 482 of the Code of Criminal Procedure (hereinafter referred to as "the Code") for quashing complaint case No. 570 of 1998 and also for any consequential orders and the order dated 24.11.1998. whereby and whereunder Sri S.S. Rao. Judicial Magistrate. Ranchi took cognizance of the offence under Sections 384. 420. 403. 471 and 120 -B of the Indian Penal Code.

(2.) THE case of the prosecution in brief is that accused Nos. 1 and 2 claim to be the trustee of Abdullah Fazalbhiay Charities Trust of Mumbai and accused No. 3 claims to be the Manager of the said trust. One Govind Lalwani (deceased) was for a long time Secretary of Nutan Jai Bharat Housing Co -operative Society of Jai Bharat Building, Shankar Ghanekar Marg, Prabha Devi, Mumbai. As back as on 31.10.1949 Shanta Kumar Mitra (deceased) husband of Mrs. Nirmala Mitra acquired from the Builder Deepchand and C. Gandhi the title and possession over a second floor flat as Flat No. C -2 of Jai Bharat Building (renumbered as Flat No. C -1 and presently numbered as Flat No. 47) and a garage in Prabha Devi, Dadar, Mumbai. On 4.9.1950 the said flat and garage were searched and thereafter sealed and locked by the Crime Branch Bombay Police in connection with a criminal case registered against Shanta Kumar Mitra at Ranchi. The entire space in Jai Bharat Building is presently under the management of Nutan Jai Bharat Housing Co - operative Society.

(3.) BY order dated 22.8.1995 passed in M.J.C. No. 31 of 1949 the learned Judicial Commissioner, Ranchi directed the Court Receiver to deliver with the help of Commissioner of Police, Bombay (now Mumbai) vacant possession of second floor of Flat No. 17 and garage of Jai Bharat Building, Prabha Devi, Dadar, Mumbai to the complainant. The possession of garage was handed over to the complainant on 18.9.1995. However, the vacant possession of the said flat has been handed over to the complainant on 10.10.1996. The accused persons initially wanted payment of Rs. 15,00,000/ - to Abdulla Fazalbhoy Charitable Trust and assured the complainant that permission from the Charity Commissioner, Maharashtra would be obtained for executing and registering proper documents, but later on the said amount was reduced to Rs. 10,00,000/ -. Thereafter the complainant paid a sum of Rs. 2.00,000/ - as advance against the demanded amount of Rs. 10,00,000/ - through Banker 'sCheque dated 27.12.1996 and the accused persons pressing hard demanding balance amount of Rs. 8,00,000/ - on the plca that permission has already been obtained from the Charity Commissioner but it was revealed that the Charity Commissioner has already rejected the application for permission on 16.8.1997. The accused persons sent letter later on promising in writing to refund a sum of Rs. 2,00,000/ - but the same has not been refunded and the accused persons have cheated the complainant by committing fraud and forging documents and also giving false assurance. A substantial sum of money was extorted from the complainant on false pretext. Accordingly, complaint case was filed.