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2022 Supreme(All) 1425

SAURABH SHYAM SHAMSHERY
Shiela Gupta – Appellant
Versus
State of U. P. – Respondent


Advocates Appeared:
For the Applicant : Dileep Kumar Pandey.
For the Opposite Party : Swetashwa Agarwal.

JUDGMENT :

Saurabh Shyam Shamshery, J.

1. Dispute in the present case is arising out of a Committee of Management of Sushila Jaswant Rai Maternity Hospital, Meerut under Jaswant Rai Churamani Trust Society. Undisputedly, the applicant was appointed by a resolution of society dated 02.10.2001 as a Chairman of said hospital and she remained on the said post till 15.02.2019, thereafter, one Rajiv Kumar Gupta was appointed as a Chairman of the said hospital.

2. It is a case of complainant (one of trustee/chairman of the Trust) that said new committee came to know in July, 2020 that applicant in connivance with other accused persons prepared a lease deed by misrepresenting herself to be a trustee of said hospital and executed in favour of Shreya Medicare Private Ltd. through its Director Mridul Sharma w/o Dr. Malay Sharma and handed over major part of hospital to them and thereby caused unlawful loss to society and to hospital and unlawful gain in favour of accused persons.

3. In these circumstances, an F.I.R. was lodged by complainant against the applicant and other accused persons on 07.10.2020 bearing Case Crime No. 676 of 2020 under Sections 420, 467, 468, 471 at Police Station- Civ

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