Decided on March 18,2020

Mrudula Narottam Jinandra Appellant


PRAKASH D.NAIK,J. - (1.) The applicants are apprehending arrest in connection with C. R. No. 147 of 2019, registered with Marine Drive Police Station, Mumbai, for the offences punishable under Sections 419 , 420 , 465 , 466 , 468 and 471 of Indian Penal Code, 1860 (' IPC ' for short). The First Information Report ('FIR' for short) was registered on 5th October, 2019.
(2.) The case of the prosecution is as follows: (i) The complainant is the Administrative Officer of the Garvare Club House, situated at Wankhede Stadium, D. Road Churchgate, Mumbai - 400 020. The complainant was appointed as authorized person by the Club. The complaint was forwarded to police stating that Smt. Mrudula Narendra Jinandra her sons Uday Narendra Jinandra and Himanshu Narendra Jinandra had presented false and fabricated documents to the Club and obtained membership. (ii) Garvare Club was established in 1974, there are different kinds of membership. Persons intending to become member of the club are required to follow terms and condition in accordance with rules and thereafter, the membership is provided to them. The current procedure followed by the club for issuing new membership is to fill up the form by the member alongwith Birth Certificate, Marriage Certificate, details of family, residence, identity, income proof etc. The documents are required to be forwarded alongwith the application with introduction by member who has completed 5 years of membership. The application is also required to be supported by one member, who has completed 5 years and 4 members, who has completed 3 years of membership. The proposed member is interviewed. After filling the procedure the membership is allotted. The member is required to pay membership fee of Rs. 25,00,000/- (Rupees Twenty Five Lakhs). Identity Card is issued to them. Which is also subject to rules and regulations and procedure. In the event of death of member, his wife can apply for membership. The documents for membership submitted by applicants. Documents are verified by the committee and membership is given to wife of the member. Piyush Shah alleging that, the applicants had produced false and fabricated documents and had obtained membership, also forwarded the documents related to Income Tax, uploaded from the website which indicate the variation in the name reflected on the website and the documents forwarded by the applicants. (iii) Enquiry was conducted. The applicants who were asked to produce the original documents by Order dated 3rd October, 2017. Original documents such as Adhar Card, Voter ID etc. They produced the original Adhar Card. The names were found to be similar. They also submitted that, their house were demolished and complaint was lodged vide C.R. No. 300 of 2017 on 5th July, 2017 under Sections 324 , 141 , 143 , 144 , 148 , 427 , 323 of IPC. The matter was submitted to the Managing Committee. The applicants were asked to produce relevant documents. There was variation in the PAN card submitted by the applicant Nos. 2 and 3 and the information reflected on the website of Income Tax relating PAN card. Explanation was called from the applicants by issuing Show Cause Notice. The applicant standard explanation, it was revealed that in the Election Voter list, the names of the applicants were mentioned that Mrudula Narendra Jinandra, Uday Narendra Jinandra and Himanshu Narendra Jinandra. The committee decided to hold enquiry. Enquiry Officer was appointed. Enquiry was conducted. Report was submitted to the committee. It was held that the applicant had obtained membership by deceiving the Club.
(3.) The applicants had preferred an application for Anticipatory Bail before the Sessions Court. Interim protection was granted to them by Order dated 24 th October, 2019. The application was rejected by Order dated 7th March, 2020.;

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