DEOKI NANDAN PRASAD, J. - (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. On an application filed by the State of Bihar which was registered as Miscellaneous Judicial Case No. 31 of 1949. an order of attachment of all the movable and immovable properties belonging to Shanta Kumar Mitra was passed by the Judicial Commissioner, Ranchi on 18.8.1952 and, accordingly, several properties belonging to Shanta Kumar Mitra were attached. A receiver was also appointed by the learned Judicial Commissioner, Ranchi in terms of the order dated 18.8.1952 passed in M.J.C. No. 31 of 1949 and took charge of Flat No. 47 Shanla Kumar Mitra and others were tried in Sessions Trial and was convicted and sentenced for the various offences. In M.J.C. No. 31 of 1949 several claims and objections were filed after the death of Shanta Kumar Mitra. In the year 1975 Smt. Nirmala Mitra, his widow, was substituted in his place as opposite party in M.J.C. No. 31 of 1949. It is further alleged that accused persons along with Govind Lalwani entered into a conspiracy to defraud the Court of the learned Judicial Commissioner, Ranchi and the Receiver appointed by the said Court as well as Smt. Nirmala Mitra and could not bring the actual facts to the notice of the learned Judicial Commissioner, Ranchi or to the Court receiver. It is further alleged that in pursuance of the orders of the High Court and the Supreme Court, the learned Judicial Commissioner, Ranchi passed the order dated 30.3.1987 in M.J.C. No. 31 of 1949 whereby and whereunder it was held that only Rs. 33,00,000/ - and odd was payable to the State of Bihar and such amount can be realised from the sale of attached gold and ornaments. The Receiver was also directed to handover vacant possession of all the other attached movable and immovable properties including Flat No. 47 and garage of Jai Bharat Building, Dadar, Mumbai to Smt. Nirmala Mitra and the said order remain intact even by dismissing SLP (Cr) No. 1621 of 1988 filed by the State of Bihar. In pursuance of the said order, the dues of Rs. 33,00,000/ - lacs and odd to the State of Bihar was duly cleared by Smt. Nirmala Mitra and thereafter direction of the Judicial Commissioner, Ranchi regarding delivery of possession was passed in favour of Smt. Nirmala Mitra which starts phase wise implementation. It is further alleged that the accused persons suppressed the formation of Jai Bharat Housing Co -operative Society from the Court Receiver. In spite of knowledge that 2nd Floor of Flat No. 47 and garage of Jai Bharat Building, Dadar, Mumbai belonged to Smt. Nirmala Mitra and that the same were in custodia legis, the accused persons and Govind Lalwani (now deceased) committed fraud and fabricated documents to cause issuance of Share Certificate No. 49 dated 15.12.1999 in favour of Abdulla Fazalbhoy Charities Trust and all these fabrications and forgery were done behind the back of the complainant and the Principal Smt. Nirmala Mitra.
(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.;