TMI Blog1985 (11) TMI 242X X X X Extracts X X X X X X X X Extracts X X X X ..... orth about ₹ 8 to 10 lakhs. On the basis of the complaint filed by them, the Malleswaram Police, registered a case in Cr. No. 485/82 under Section 409 I.P.C ; submitted an F.I.R. to the jurisdictional Magistrate on 16-10-1982 and took up investigation. During the investigation, the Police seized number of documents pertaining to the Trust. The Police, after conducting the investigation, submitted a 'B' final report by reporting that the dispute was one of civil nature on. 23-4-1983. The police had also issued notice to the complainants intimating them their filing 'B' report treating the case as one of civil nature. Thereupon the complainants have presented a joint complaint-petition under Section 200 read with Section 190 of the Code of Criminal Procedure, 1973 (the Code) on 24-5-1983 before the Chief Metropolitan Magistrate, Bangalore City. The Magistrate recorded the sworn statement of both complainants. Thereafter, having considered the complaint petition, the sworn statement of the complainants and also the documents seized and the mahazar drawn by the police during the investigation of Cr. No, 485/82, the Magistrate passed the impugned order on 18-8-1984 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n the parties is of a civil nature ? (3) Whether the procedure followed by the Magistrate is not in accordance with law? 6. I Shall deal with these points in the order in which they were formulated. POINT NO. 1 : 7. Sri. R. B. Deshpande, Learned Advocate appearing for the petitioners contended that the provisions under the Code do not envisage any joint complaint. In that view, he has submitted that the Magistrate has fallen into an error in accepting the joint complaint filed by two complainants and proceeded to take action against the accused, Sri Gopalaiah, Learned Advocate, appearing for the complainants submitted that there is no prohibition for entertaining a joint complaint under the Code. He has further contended that even if a joint complaint is not contemplated under the Code, the filing of a joint complaint and acting upon such a complaint would at best amount to an irregularity and not an illegality vitiating the proceedings. No provision in the Code has been brought to my notice to sustain the contention that a joint complaint is envisaged under the Code. A similar contention urged before the Madras High Court in Narayanaswamy v. Egappa 1962 CriLJ 616 was ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the community. The said Swamiji used to receive gifts from people including donations of various articles of gold, silver and precious stones. The gifts and donations thus received were to the tune of approximately ₹ 10 lakhs. Cash donations also were made in the course of years amounting to ₹ 3 lakhs. The 1st accused was the 'Shishya' of His Holiness Anandashrama Swamiji. But he lacked the requisite characteristics to succeed His Holiness. Hence, His Holiness and his supporters formed a Trust called Pandurangashrama Trust for the purpose of utilisation of the assets of the Trust. After the demise of His Holiness Anandashrama Swamiji, the 1st accused became the religious head and took over as Matadhipathi of Chitrapur Math and came into possession and control of all the properties owned by His Holiness Anandashrama Swamiji including the valuable liquid assets. The 1st accused began to misappropriate the liquid assets with the help of the other accused. This gave rise to revulsion amongst the community members who began to question the authority and use of the property for personal whims and fancies by the 1st accused. Feeling that the matter may be investigated ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... airman of the Trust. The trust deed provided for acceptance of donations of both moveable and Immovable properties. Sri Anandashrama Swamy was the Chairman of the Trust during his lifetime and thereafter the 1st accused became the Chairman of the Trust who was adopted and initiated by Anandashrama Swamiji of Chitrapur Math in the year 1959 to be his successor. After the death of Sri Anandashrama Swamy, the 1st accused became the Chairman of the Trust.13. In the year 1978, proceedings were initiated in the District Court at Karwar for the removal of the 1st accused in Misc. Application No. 26/78 in O.S. No. 2/1977, a suit filed by some of the devotees of Chitrapur Math for framing a scheme. The 1st complainant was one of the Respondents in the said suit. The 1st accused informed the Board of Trustees of the Trust at a meeting held on 18-11-1979 which was presided over by him that he was tendering his resignation to the post of Chairman and Trusteeship of the Trust in view of his abdication of the Mathadhipathi of Chitrapur Math. After tendering his resignation, the 1st accused did not return or hand over charge of the trust properties which were in his custody to anyone. The gold an ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ets belonging to the Trust. When a demand was made to return the liquid assets belonged to the Trust by the complainants who claim that they are the beneficiaries under the Trust, from A.I and A.3 to A.6, who were in possession of those assets as Chairman and the trustees of the Trust and when they refuted the right of the complainants to ask for the return of those assets, the dispute between the parties essentially assumes the character of one of civil dispute and not constituting any criminal offence. It seems to me from The circumstances of the case and also the tenor of the reply sent to the notice issued by the complainants by A.I and A.3 to A/6 asserting their right over the assets belonged to the Trust and challenging the right of the complainants in asking them to return those properties, if the complainants are still certain of their rights as beneficiaries under the trust and in that capacity they have a right to call upon A.I and A.3 to A.6 to return the liquid assets, they shall have to take recourse to the Civil Courts and cannot vindicate their right in a Criminal Court by initiating criminal proceedings. Having regard to the contentions between the complainants on t ..... X X X X Extracts X X X X X X X X Extracts X X X X
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