The abovesaid offences are having punishment up to 7 years imprisonment.
The complainant had sought their prosecution in a mega project of Aram Nagar, Andheri. The Complainant charged them for hatching conspiracy with rival builders, Avinash Bhosale & Vikas Oberoi.
The accused are alleged to have filed false affidavits to give benefits to mastermind builder Avinash Bhosle and Vikas Oberoi in relation with the property at Aram Nagar. Whereby builder Avinash Bhosale is already arrested by the CBI/ED.
The Complainant informed that they are filing a petition before High Court for addition of section 409, 471, 474, 467, 120(B), 34 etc of Indian Penal Code and action under section 2(c), 15 of the Contempt of Courts Act against accused. In the said offences there is a punishment up to life imprisonment.
There is another petition under section 340 of Cr.P.C. which is pending before the Hon’ble Supreme Court for the prosecution of Rakesh Shrehtha and others in relation with the same Aram Nagar project.
The complainant has filed an application under section 340, read with 195 of Cr.P.C. Adv. Nilesh Ojha a/w, Adv. Abhilash Panicker and Adv. Ishwarlal Agarwal argued the case on behalf of the complainant.
Few paragraphs from the said application read thus;
“1) This is application under section 340 of Criminal Procedure Code for direction to initiate prosecution against accused Shri Rakesh Shreshtha and others under section 191, 192, 193, 199, 200, 201, 209, 409 read with 120(B) and 34 of Indian Penal Code. In the application, it is prayed that –
(A) To record a finding that the accused Rakesh Shreshtra filed the Application No. 30/2022 with false affidavit, suppression, dishonest, concealment d twisting of the material facts. He made false statements that-
i. The Appln. No. 30/2022 is shown to be filed on behalf of the but in fact Society has not apprised him to file such application nor he produced any resolution to that effect.
ii. He affirmed the petition in the capacity as Secretary of the Society. But his term is already expired in the year 2020 and he suppressed this fact.
iii. In para-4 of the application, he made a false statement that the trustees/accused did not receive any notice. Therefore, they could not attend the inquiry. But the record and inquiry report proved the falsity of the said submission, as the accused were served with the three times recently.
iv. He made a false statement that the complaint is only by the developer. But, he malafidely suppressed the fact that the main complaint is by the Joint Secretary of the trust.
v. Applicant Rakesh Shreshtha does not qualify basic criteria to become the member of the society, as he does not reside there and therefore, he is guilty of cheating and misrepresenting this court by portraying himself as a trustee of the society.
13) The false statement and suppression of material facts attract the offences under section 191 192 punishable under section 193, 199, 200, 209 read with 34 and 109 of IP.C. The acts of the respondent show that there was abatement to commit the above offences, therefore, offence under section 109 for abatement of above offences is also attracted.”
The operative part of the order passed by the Charity Commissioner reads thus;
O R D E R
1) Application is allowed.
2) The respondents viz., Mrs. Shabnam Kapoor, -President, Mr. Rakesh Shreshta, Secretary and Shri Manoj Mehta, Treasurer have prima facie committed the offences under section 191, 192 punishable under section 193, 199, 200, 209 read with 34 and 109 of I.P.C.
3)Superintendent (Litigation) of this Office is directed to file the written complaint against the above respondents before the Metropolitan Magistrate having the jurisdiction for the above offences.
4) Applicant to furnish the full name of the respondents and their residential address to the Superintendent (Litigation).
5) Inform the Superintendent (Litigation) accordingly.
6) Dictated on dais and pronounced in the open court.”
