- (1.) PALOK Basn, J. Does a trustee commit any offen by opening a bank account in his own name for depositing the trust money coming to him as such, is the short question calling for decision in this application under Section 482, Cr. P. C. praying for quashing of a complaint and all further proceedings therein.
(2.) A criminal case No. 385 of 1987 is pending in the court of Judicial Magistrate, Meerut under sections 409/109 I. P. C. in which Gulshan Rai Parti is the complainant and accused No. 1 is Mahatma Brahmanand, accused No. 2 is Mahatma Alakh Oayalanand and accused No. 3 is Mahatma Satyanand. The relevent facts emerging from the said complaint are that one Swami Nijatmanand constructed a temple known as Shri Guru Mandir Nangali Saheb in Salempur, Sardhana, Meerut. A trust was formed on 8th May, 1945, by Swami Nijatmanandji for running the said temple and administering the property thereof. The Trust deed was to expire on 17-5-1980 because it was for a period of 35 years. In the registered deed there were legal defects but the object of the Trust was great. Though by and large the work of the Trust was continuing in terms of the trust deed but because of some members who started irregular working which resulted in the misuse of the funds/property. The complainant is one of such persons who had donated generously for the Trust. On 4-5-1973 the living trustees and some others held a meeting extended the period to 50 years and appointed new trustees in place of the dead, all this was illegal. Four new trustees appointed on7-4-1985 were: (1) Sri Mahatma Brahmanandji Maharaj, (2) Sri Cyan Shabdanandji Maharaj. (3) Sri Mahatma Alakh Oayalanandji Maharaj, and (4) Sri Mahatma Guru Sewanandji Maharaj. The Working Committee was reconstituted. Apart from these, the following four Sub-Committees were also formed : (1) Building Sub-Committee : Mahatma Shiva Premaaand appointed as Chairman. (2) Langar Sub-Committee : Mahatma Brahmanand appointed as Chairman. (3) Farming Sub-Committee : Swami Satyanand appointed as Chairman. (4) Temple Sub-Committee ; Alakh Dayalananti appointed Chairman. Mahatma Brahmanand was appointed to supervise the working of the Foot Sub-Committees. Presently the said Trust is established with the name of Sri 108 Swami Swarupanandji Maharaj/sri Guru Mandir Nangali Ajar Salempur, Pargana Daurala, district Meerut. The -value of the property would be about more than rupees one crore. The bank account of the Trust is with the State Bank of India, Sakauti Branch, Tand, Post Office Satguru Nagar in the name of Sri Guru Mandir Nangli Saheb and can be operated under the joint signatures of the Chairman and the Treasurer of the Trust. No other person can withdraw any amount or keep any amount received on behalf of the Trust in his personal account nor can keep the cash in hand. All the members, the Trustees, the Committee Members office-bearers and Managers are Agents of the Trust while dealing with the property of the Trust. Flouting the said directives amounts to an offence. The accused are not following Sanyas rituals and have become property-addict and with that end in view have converted the cash amount of thetrust into their own property. On 28. 4. 1986 a sum of Rs. 7000 has been deposited in account No. 5790 in State Bank, Sakauti, Tanda in their own name by accused No. 1 and No. 2. On 17. 2 1986 a sum of Rs. 36026. 45 was deposited in account No. 5642 of the State Bank Branch, Sakauti, Tanda in their own name by accused Nos 2 and 3. On 3. 2. 1987 a sum of Rs. 20,000 has been deposited in account No. 5790 by accused No. 1 and No. 2. On 6. 2. 1987 a sum of Rs. 15000 has been deposited in account No. 5642 by accused No. 2 and No. 3. Apart from these, a sum of Rs. 5046 has been deposited by accused No. 2 in account No. 1997 with the State Bank of India, Sakauti, Tanda. The accused have misused a huge amount belonging to the Trust and it is possible that recurring huge amounts are being embezzled which are not get clear. It is only the aforesaid items of amount which have come to notice. As regards the remaining property of the Trust including two golden covers valued more than a lakh of rupees the rights are being reserved until full details are obtained. After citing the names and details of the witnesses it was prayed that the accused should be summoned and convicted and sentenced in accordance with law. On 7. 9. 1987 the Magistrate being satisfied from statements of the complainant recorded under section 200, Cr. P. C. and of the witnesses examined under section 202 Cr P. C. proceeded to summon the accused-applicants under section 409/109 I. P. C. This application with the prayer to invoke the inherent powers of this Court has been filed so as to quash the complaint, the summoning order and further proceedings in the said case.
(3.) SRI Murlidhar has been heard in support of this case on behalf of the applicants at length and similarly SRI S D. N. Singh, advocate has strenuously argued the matter for the complainant while SRI Surendra Singh, learned A. G. A. has argued on behalf of the State of U. P. It may be noted that the facts stated in the complaint have virtually been admitted by the accused and some relevant averments have been made in the affidavit accompanying the petition under Section 482, Cr. P. C. Since the reference has been repeatedly made by the learned counsel to the averments in order to further their arguments, it will be desirable to refer to those para graphs in detail as also the averments in the counter affidavit filed by the complainant in reply thereto. Suffice it to say, for the time being, no specific instance of misuse or embezzlement has been levelled in the complaint except the fact that three bank accounts in the personal names of accused in which the amounts realised/received as trust money has been deposited.;