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Counter Complaint filed by the husband of Former Minister and Present MLA
CJM directed SHO Gandhi Nagar to register case against alleged partners
10/26/2006 9:58:06 PM



Jammu, October, 26:- In a significant development Mr. Suraj Parkash husband of Suman Bhagat present MLA and former Minister and others filed a counter complaint in the court of Chief Judicial Magistrate Jammu against Mrs. Swaran Sharma wife of Mr. RC Sharma and Mrs. Santosh Arora w/o GK Arora claims to be the partners of Guru Institute of Nursing and Para-Medical Science Shastri Nagar Jammu, Chief Judicial Magistrate Jammu Mr. Sanjay Dhar after hearing Advocate Abhinav Sharma appearing for the complainants and perused the complaint of the complainant disclosed commission of cognizance offences u/s 381/408/120-B RPC and directed SHO Police Station Gandhi Nagar Jammu through Chief Prosecuting Officer Maroof Ahmed Manhas that SHO shall registered the case and investigate it.



This court directions has been passed in a complaint filed by Mr. Suraj Parkash (husband of Suman Bhagat) s/o Lt Bhagat Chajju Ram, Sumeet Behal s/o Suraj Parkash, Adarsh s/o Krishan Lal Vaid, Dr. Rajiv Kumar and Mrs. Monider Kour all are claim to be founder members of the Guru Institute of Nursing and Para-Medical Sciences Jammu and complainant No 1 Mr. Suraj Parkash is the Chairman and Director of the Institution. In the complaint it has been submitted that Chairman of the institute authorized Mrs. Santosh Arora, who was according to the complainants appointed as Principal of the Institute on honorarium basis vide ordered dated October 14, 2004, accused requested the complainants to allow her to engage further staff and she was allowed to engage/appoint fresh staff for her own assistance and she was further authorized to negotiate salary of the staff to be appointed. Accused No 2 Santosh Arora appointed accused No 1 Swaran Sharma w/o RC Sharma for his own assistance. It is further submitted that accused NO 1 and 2 have no right/title or interest over the institute namely Guru Institute of Nursing and Para-Medical Sciences entered into a criminal conspiracy and executed a partnership deed on November 5, 2005 claiming them to be the partner of the institute. It is stated that the complainants came to know about the illegal partnership deed of November 5, 2005 only in the month of September, 2006. When the complainant came to know that the relations between both the accused got restrained, which resulted into lodging a complaint by Santosh Arora against the husband of Swaran Sharma, who was also appointed as the administrator of the institute with the SHO Gandhi Nagar Jammu for taking action against the husband of the accused No for making criminal breach of trust and misappropriation of funds of the institution as the husband of accused No1 was operating Bank account of the Institute.



In the complaint it has been alleged that Mrs. Swaran Sharma apart from the illegal partnership deed also fabricated made false entries and prepared false documents containing false statements by way of record showing that she is partner of the Institute and passing bills for the salary of the employees of the institute.



It is further submitted that by fabricating false evidence and other documents, the accused used the aforesaid documents in the court of Forest Magistrate Jammu in a suit filed by the accused persons on the basis of the partnership deed and obtained restraint order against the son of Mr. Suraj Parkash and his wife Suman Bhagat and also used the said documents in the court of Sub-Judge Jammu in a suit filed by the complainants against the accused persons in which the accused persons filed written statements supported by the falsely fabricated evidence.



The complainants prayed before the court issuance direction to the SHO Gandhi Nagar Jammu u/s 156(3) of CrPC for registration of FIR against the accused persons for the commission of offences u/s 192/193/381/408/418/120-B and submit report before this Court under law.



CJM after hearing the counsel appearing for the complainant has directed the SHO P/S Gandhi Nagar to register a case u/s 381/408/120-B RPC.



It is worthwhile to mention here a similar complaint has been filed by Swaran Sharma claiming to a partner of Guru Institute of Nursing and Para-Medical Sciences Shastri Nagar Jammu against Suman Bhagat MLA and Former Minister w/o Suraj Parkash, Suraj Parkash S/o Lt Bhagat Chajju Ram, Vikas Behal s/o Suraj Parkash, Sunil Behal s/o Suraj Parkash, Rinku Behal s/o Suraj Behal all residents of Shastri Nagar Jammu, Santosh Arora, Madan Lal Sharma of RS Pura, Avtar Choudhary and Gian Chand Sharma SHO Gandhi Nagar Jammu in which Forest Magistarte Jammu Mr. M R Chak directed SSP Jammu for enquiry.
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