Suits vindicating Personal rights, though filed in interest of Trust, not permissible and Leave rejected at threshold - Trust Deed authorizes Trustees to deal with property Mode of Sale provided in Deed itself - Sale completed 3 to 4 decades ago cannot be construed as offence.

Citation 

2022 (1) CTC 390 (Mad)

IN THE HIGH COURT OF MADRAS

N. Sathish Kumar J. Crl.O.P. No. 15514 of 2017 & Crl.M.P. No.9691 of 2017

November 30, 2021

P.B. Nanjaiah Lingammal Public Charitable Trust, rep. by its Managing Trustee, N. Krishnaswamy, No.21/1/67, Main Road, Mettupalayam- 641 301, Coimbatore District and 24 others...Petitioner

Vs

P.P. Sivaswamy, General Secretary of Genesisi Society (Reg. No.80/2014), Office at 65-A, Goplapuram, 3rd Street, Coimbatore-641 018.     ...Respondent

Code of Criminal Procedure, 1973 (2 of 1974), Section 482 Evidence Act, 1872 (1 of 1872), Sections 5 & 8-Code of Civil Procedure, 1908 (5 of 1908), Section 92 Proper remedy to set right violation in administration of Trust property is filing of Suit under Section 92 of CPC Suits vindicating Personal rights, though filed in interest of Trust, not permissible and Leave rejected at threshold Trust Deed authorizes Trustees to deal with property Mode of Sale provided in Deed itself Civil Court in earlier litigation found Trust to be doing its Charitable activities in consonance with object of Trust -  Sale completed 3 to 4 decades ago cannot be construed as offence - Held, entire Criminal prosecution is mala fide and initiated only to wreck vengeance against Trust Member due to Civil disputes What could not be achieved in Civil proceedings cannot be permitted to be achieved in Criminal proceedings Merely because dever averments made in Complaint attract Criminal colour, Accused need not face ordeal and harassment of Criminal trial Ratio laid down in State of Haryana v. Bhajan Lal, followed Taking cognizance mechanically and issuing Summons to all Accused to face ordeal of Criminal trial is abdication of Judicial duties by Magistrate Conduct of Respondent, tenor of language and accusation against Judges and other side Lawyer highly deprecated - Quash Petition allowed.