VIJAY KUMAR SHUKLA,J. - (1.)The present petition is filed under sec. 397 r/w 401 of Cr.P.C. against the order of XII ASJ, Indore dtd. 11/10/2022 passed in SC PPS No.01/2022 whereby the Court has framed charges against the applicants under sec. 406, 467 and 120-B of IPC.
(2.)The applicants filed M.Cr.C.No. 56504/2021 seeking quashment of the complaint filed by non-applicants for commission of offences under Sec. 406, 467 and 120-B of IPC on the ground that complaint is not maintainable in view of provisions of sec. 32 and 37 of M.P. Society Registrikaran Adhiniyam, 1973. The aforesaid contention has been repelled and the petition seeking quashment of the complaint i.e. M.Cr.C.No.56504/2021 has been dismissed today by separate order.
(3.)It is alleged in the complaint that on 18/3/2019 co-accused Anoop Mishra took charge of the Institution as President, Ashwini Mishra as Secretary and present applicant Shobha Mishra as Treasurer along with other members. After assuming the charge, the accused persons started managing the affairs of the Institution in their own way. In this regard, the accused persons forged the minutes of meeting dtd. 13/5/2019 and in this meeting prepared forged signatures of respondent Nos.1 to 3. On the basis of the said meeting the accused persons vested within themselves the rights to operate the bank accounts of the Institution, appointment of employee, their salary and other allowances along with other rights.