Petitioner sought transfer of investigation in a forgery/misappropriation FIR concerning takeover of a school society and charitable trust. State reported all documents collected from SDM, Bank and Income Tax authorities, arrests made, bail granted to accused, and chargesheet ready to be filed. Court found no grounds to interfere.
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versus
CORAM:
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Mehar Little Angels Sr. Sec. School (hereinafter, ‘ the School ’), and thereby misappropriated money. It is also alleged that the accused persons fraudulently removed the petitioner/complainant as well as other members from the Col. Surit Singh Mehar Charitable Trust (hereinafter, ‘ the Trust ’) by way of forged documents and resultantly, one Mrs. Manisha Sengar fraudulently and unlawfully became the Managing Trustee of the Trust. Records reveal that subsequent to the registration of the present FIR, the investigation of the case was transferred to P.S. Janakpuri. Thereafter, the investigation was concluded and chargesheet was prepared under Sections 406/420/468/471/120B/34 IPC against five accused persons, namely, Mrs. Jasmohinder Singh , Mrs. Manisha Sengar , Mr. Dilip Kumar Lal , Mr. Naveen Bharadwaj and Mr. Mahavir Sharma @ Parsad .
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including a list of members of the Trust dated 21.02.2012 which was found attached to the said documents. As per these documents, the name of the accused persons, Manisha Sengar and Naveen Bharadwaj were not found in the list of members. However, as per the documents filed by Naveen Bharadwaj , i.e., MoMs dated 05.01.2012, 07.02.2012, 21.09.2016 and 18.07.2018, both of the aforesaid accused persons have been shown to have participated in the said meetings, contrary to the documents received from the Income Tax office. It is also conceded that the signatures of Smt. Sanjiwan Mehar were found to be forged on the MoMs dated 21.09.2016 and 18.07.2018. Furthermore, it is submitted that original documents pertaining to the Society have also been obtained from SDM Rajouri Garden. It is informed that the accused Naveen Bharadwaj was subsequently arrested on 02.11.2023 and his disclosure statement was thereafter recorded, wherein he disclosed that the accused persons had forged multiple documents pertaining to the Society and the Trust, to obtain control over them and that the original files were in the custody of the co-accused persons. He also stated that the alleged forged documents were prepared by one Shailender Gupta and Dilip Kumar Lal on instructions from Manisha Sengar and Jasmohinder Singh . Learned ASC further submits that part of the original MoMs of the Society and other relevant documents have also been recovered at the instance of the accused, Naveen Bharadwaj . Resultantly, NBWs have also been issued against the accused persons, Manisha Sengar , Dilip Kumar Lal and Mahavir Parshad dated 09.11.2023. It is informed that the three aforesaid accused persons have been granted anticipatory bails by the learned Trial Court on 11.12.2023 and the coaccused, Jasmohinder Singh has also been granted anticipatory bail by the
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learned Sessions Court vide order dated 22.12.2023, whereas the coaccused, Naveen Bharadwaj has been granted regular bail by the learned Sessions Court vide order dated 12.01.2024.
Learned ASC, on instructions from the I.O., further submits that all the relevant documents from the concerned authorities stand collected, including from the SDM, Bank, Income Tax Office etc, and that the chargesheet is ready to be filed. It is also submitted that the supplementary chargesheet will subsequently be filed in a timely manner, after further investigation of the accused persons on the aspect of siphoning and misappropriation of funds.
MANOJ KUMAR OHRI, J
OCTOBER 15, 2024 akc
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1 issue framed by the court
Whether the investigation in FIR No. 231/2022 should be transferred from P.S. Janakpuri to an independent agency for inadequate investigation despite FSL findings of forgery.
6 provisions across 2 enactments
Baljinder Singh Malia
State of NCT Delhi
Others
Manoj Kumar Ohri
As recorded by the court registry
A constitutional writ petition in a criminal context, most commonly habeas corpus or a challenge to an FIR or detention order.
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