(1.) Both the Criminal Applications take exception to the chargesheet bearing Regular Criminal Case No.35/2016, pending before the Judicial Magistrate First Class, Aurangabad, arising out of FIR bearing Crime MCase No.I212/2015 dated 29th July, 2015, registered at City Chowk Police Station, Aurangabad, for the offences punishable under Sections 420, 406, 408, 467, 471 r/w. Section 34 of the Indian Penal Code and Sections 66A and 67 of the Maharashtra Public Trusts Act (for short 'MPT Act'), therefore, the same are heard together and being disposed of by common judgment and order.
(2.) According to the applicants, it is alleged in the FIR that the applicants in collusion purchased the land at village Satara in Gat No.243, admeasuring 11 Hector for a consideration of Rs.30,000/. The amount was collected by them by way of membership contribution of Rs.5,000/ each from the members of Vasantrao Naik Institute for Tribal Development. The land purchased is in the name of Rural Reconstruction Sanstha through applicant Suresh Puri and the sale deed was executed on 3rd June, 1981. It is further alleged that 13 persons from Vasantrao Naik College and other field came together with a view to form an institute with an object to do social work, and registered the trust (No.MH181981 AGD Aurangabad on 29th September, 1981 and its registration No.F772). It is further alleged that 13 persons collected Rs.5000/ each i.e. Rs.65,000/ in total and handed over the said amount to the applicant Motiraj Rathod. Out of the said amount, 11 Hector 96 R. land was purchased for consideration of Rs.35,000/ in the name of Vasantrao Naik Institute for Tribal Development on 30th May, 1981, vide sale deed No.3006/1981. Lateron a mutation entry in the 7/12 extract is also sanctioned in the name of Vasantrao Naik Institute for Tribal Development. The substance of the complaint in short is that the property purchased to the extent of 11 Hector in the name of the applicant Suresh Puri is purchased from the funds deposited by the members of Vasantrao Naik Institute for Tribal Development, and the said property is not shown as trust property and kept it in the name of Rural Construction Sanstha and the same is sold by the applicant Suresh Puri in the year 2014 to Vasant Dada Sugar Institute, Manjari (Bk.), Taluka Haveli, District Pune, in collusion with accused no.1 Motiraj Rathod. Therefore, according to the complainant, the said act of the applicants amounts to breach of trust, fraud, forgery and cheating and therefore, the complaint is filed against the present applicants, namely Suresh Puri and Motiraj Rathod, who were the Secretary and the President respectively of a registered Public Trust namely Vasantrao Naik Institute for Tribal Development at the relevant time.
(3.) Since the Kranti Chowk Police Station, Aurangabad, did not take cognizance of the FIR filed by the complainant, the complainant approached the Court of Judicial Magistrate First Class, Aurangabad and filed the complaint bearing M.A.No.1731/2015, seeking directions under Section 156 (3) of the Criminal Procedure Code to register FIR at City Chowk Police Station, Aurangabad, against the present applicants, and also against Vasant Dada Sugar Institute and the Directors of Vasant Dada Sugar Institute. The learned Judicial Magistrate First Class, Aurangabad passed an order and directed the City Chowk Police Station to register the FIR. Accordingly, the City Chowk Police Station, Aurangabad registered a Crime bearing M. Case No.212/2015 for the offences punishable under Sections 420, 406, 408, 467, 471 r/w. 34 of the Indian Penal Code and Sections 66A and 67 of the MPT Act.;