Final Order 1

Order Details: Order Below EX 1
Pdf Text: C. C. No. 63 SW 2025
Lilavati Kirtilal Mehta Medical Trust Vs Sashidhar and ors.
CNR-MHMM18-005437-2025
ORDER BELOW EXH.1
1. The present application is filed by the applicant, Lilavati Kirtilal
Mehta Medical Trust, hereinafter referred as trust, through, Mr. Prashant
Mehta, it’s authorized representative under Section 175(3) of Bharatiya
Nagarik Suraksha Sanhita, 2023, for short B.N.S.S., seeking direction to
register the offence against respondents i.e. proposed accused persons
alleging that they had committed certain cognizable offences, as narrated
in this application.
2. The application is supported by affidavit. Compliance of Section
173(4) of B.N.S.S., also done. The notice was issued to Bandra Police
Station, Mumbai. The offences alleged are of cognizable nature. Thus, all
the basic requirements are satisfied.
3. Heard Ld. Advocate for the applicant. His submissions are in tune
with contentions of the applicant. He also relied on certain citations and
several other documents.
4. The concerned police station vide it’s reply, Exh.6, submitted that
the other offences in respect of embezzlement of trust funds already
registered and investigation is going on. The allegations in the present
application are covered by those investigations. The application in respect
of present allegations are already filed. But no offence registered for this
reason.
5. The summary of the allegations is that after fierce legal battle
between present office bearers of trust and respondents they assumed
office and after going through the record of the trust they found several
illegalities committed by erstwhile trustees including embezzlement of
trust funds running into several crores. About several such irregularities
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C. C. No. 63 SW 2025
Lilavati Kirtilal Mehta Medical Trust Vs Sashidhar and ors.
CNR-MHMM18-005437-2025
and illegalities resulted in wrongful loss to trust funds several offences
were registered and investigation is going on.
6. It is contended that there was a loan recovery proceeding going on
between one of the company, of which the father of one of the present
trustee was office bearer and the HDFC Bank, a creditor. The Respondent
No.1, is senior officer of the creditor bank. During this recovery
proceeding the father of one of the present trustee was harassed
physically and mentally, which ultimately resulted in his death. after
assuming office applicant found a diary showing that from time to time
several amounts were transferred on the say of Respondent No.2, Mr.
Chetan Mehta to Respondent No.1. The total amount transferred to those
transactions is about Rs.2.05 crores. The said amount was paid by
Respondent Nos.2 to 8, the erstwhile office bearers of trust with a sole
view to harass the father of one of the present trustee.
7. From the record i.e. contents of the diary it appears that from time
to time amounts were transferred on the say of Respondent No.2 to
Respondent No.1. The allegations are constituting cognizable offence and
supported by affidavit. Except copies of entries in the diary nothing
produced. Specific query to that effect was made and asked whether
applicant is having any additional evidence in support of the allegations
or not? In this regard it is submitted that respondents were having control
over the trust for substantial period of time and before handing over the
control of administration respondents destroyed all the documents. It is
also submitted that the document produced is enough to draw the
inference of fraud. To verify and collect evidence to ascertain the source
of those amounts and how those were transferred to the respondents
without any reason the investigation through police is necessary as
evidence can be collected by the police only.
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C. C. No. 63 SW 2025
Lilavati Kirtilal Mehta Medical Trust Vs Sashidhar and ors.
CNR-MHMM18-005437-2025
8. The amount involved is high. As stated above the allegations are
constituting cognizable offences. Regarding objection raised by
concerned police station, Ld. Advocate for the applicant filed on record
copies of First Information Reports, the investigations in respect of which
are pending. After going through those copies it is noticed that those
allegations are in respect of other matters and the present allegations are
not covered by them. The several other requirements are also satisfied. In
such a situation there is not much scope except to allow the application to
ascertain the genuineness of the allegations also. It can be said that all the
persons mentioned are responsible for the alleged acts. Accordingly,
following order -
ORDER
a. Application is allowed.
b. The P.S.O. Bandra Police Station, Bandra, Mumbai, is herewith
directed to register the offence under Sections 406, 409 and 420 r/w.34 of
Indian Penal Code, against all the respondents and investigate the matter
as per Section 175(3) of Bharatiya Nagarik Suraksha Sanhita, 2023.
c. The certified copy of the application, Exh.1, along with all the
documents produced shall be sent to concerned police station.
d. Application is disposed off.
MUMBAI (KOMALSING RAJPUT)
DATE – 29.05.2025 J.M.F.C., 12TH COURT, BANDRA, MUMBAI
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