Allahabad High Court canceled the summon order issued by CJM Agra in the criminal case filed by a mother against her own son and daughter-in-law on charges of conspiracy, breach of trust and fraud.
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Also, the insurance amount of Rs 1 crore received by the 9-year-old minor girl on the death of her younger son was ordered to be kept safe till she attains majority.
In its decision, the court read a verse from Garun Purana and gave its example. The court said – “Lobha mulani papani sankatani tathaiva ch. lobhatpravartate vairamati lobhaadvinashyati.”
That means a criminal case was instituted due to greed for money.
Sister testified on behalf of brother
The court said that on the case of their mother against the son and daughter-in-law, the sister appeared and gave a statement that no fraud has been committed. The petitioner has deposited the money received by the girl child in a better scheme to secure her future.
That too with the consent of the complainant mother. Action is being taken against the mother to recover dues under GST. He has also received Rs 50 lakh from his son’s insurance money which is deposited in the post office. GST department has seized the account. On which the court deposited the original sealed documents of the amount deposited in various schemes in the office of the Director General and ordered that the GST recovery action against the mother will not have any impact on the girl’s Rs 1 crore.
Agra case, instructions to take necessary steps
The court has ordered District Magistrate Agra and SDM Jalesar to take necessary steps. Besides, everyone has been directed to appear before the District Magistrate and give complete information to the girl and submit the report to the Director General within four weeks. The petition has been ordered to be presented along with the District Magistrate’s report after six weeks.
Justice Saurabh Shyam Shamsheri has given this order on the petition of Vivek Kumar Goyal and others.
The petitioner said that he had not committed any conspiracy or embezzlement. Out of Rs 1 crore, Rs 34 lakh has been deposited in various schemes for the future of the child. The remaining amount is credited to the account. A false case has been registered against him.
It is known that after the statement was recorded in the complaint case filed by the mother, the CJM issued summons to the petitioners. After accepting the revision petition, the Additional Sessions Court canceled the summons and directed the magistrate to give the order again. After this, the Magistrate issued summons to the petitioner husband under Section 406 and to the petitioner wife under Section 406 and 120B. It was alleged that the petitioner opened an account in the name of his mother and transferred the money to his wife’s account. But this was not found correct.
The court said that a case of criminal breach of trust and conspiracy cannot be made out against the petitioners and asked the complainant mother to take recourse to the law against GST recovery. But the amount of Rs 1 crore received in favor of the girl child has been secured.
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