[ad_1]
2. The present application under Section 482
of the Code of Criminal Procedure (in short ‘Cr.P.C.’)
has been filed by the applicants seeking quashing of
the FIR being Case Crime No. 126 of 1998 (later
renumbered as Case Crime No. 1944 of 2006),
registered at Police Station Mussoorie, District
Dehradun, under Sections 420, 467, 466, 468, 471,
and 120-B I.P.C., which is presently pending before
the Court of Chief Judicial Magistrate, Dehradun.
3. Brief facts, as emerging from the record,
are that Mr. Surya Kumar Puri, in memory of his late
2025:UHC:6560
wife Smt. Pushpa Puri, proposed to establish a
charitable trust for public welfare. He prepared and
executed a Trust Deed dated 10.04.1993, wherein
he was the Managing Trustee and included eight
close friends and associates as settlers. The
applicants herein were attesting witnesses to the
said Trust Deed. The Trust was duly registered with
the Sub-Registrar, Mussoorie, on 29.04.1993. Mr.
Surya Kumar Puri passed away on 14.05.1993.
After his death, meetings of the Trust were held,
and as per the terms of the Trust Deed, the estate
of Late Mr. Surya Kumar Puri comprising certain
immovable properties and monetary assets was
intended to be transferred to the Trust corpus.
However, one Mr. Suresh Kumar Puri, nephew of the
deceased, filed a probate petition asserting a Will
dated 27.06.1986 purportedly executed by Mr.
Surya Kumar Puri in his favour. To secure legal
validation of the Trust’s claim, the Trustees filed
Probate Case No. 410 of 1993 before the District
Judge, Dehradun, for grant of probate in terms of
the Trust Deed. On legal advice that probate could
not be granted to the Trust as it was not an
2025:UHC:6560
executor under the Indian Succession Act, the
petition was withdrawn, and a fresh Petition No. 141
of 1995 for Letters of Administration was filed by
the settlers.
[ad_2]
Source link