Jai Prakash V Anil Shastri and Ors.

FIR to be registered against Mr. Anil Shastri, Shri T.N. Kapoor , Mrs. Priscilla, Mrs. Manju Shasyti, Mrs.
Mudit Shastri, Ms. Vinita Bali, Mr. Jimmy R Anklesaria, Mr. Lalit Thusu, Dr. GL Sharma, Dr. Arya Kumar,
Sachin Jain and their associates under section 406, 409, 420, 464, 467, 468, 471, 34, 120B IPC

FACTS

1. Complainant – Jai Prakash Aggarwal

Respondent – Anil Shastri
2. The complainant discussed with the respondent for the first time in 1994 to expand his school by the
name of Lal Bahadur Shastri to establish an institute for higher education, to which the respondent
agreed claiming he neither had any money, resources or experience.A trust by the name of Lal
Bahadur Shastri Educational Trust was created and trust deed was registered on 20.12.1994. Six
trustees were added to the board of the trust – Sumita Aggarwal and Manju Shastri on 18.09.1998
and Sandeep Aggarwal and Mudit Shastri on 20.10.2009
3. Elaborate rules of the trust were framed on 20.12.1994 which mandated as per clause 29 of the just
deed that the transfer, disposal or mortgage of the the corpus of any trust properties will be deal with
only with the consent of atleast 3/4th Majorities of all trustees and all proceedings shall be signed by
the chairman
4. Since the institute started getting busier the trust filed an application with DDA requesting a separate
allotment of land. The same was considered on 27.11.2002 and granted on 29.12.2003 admeasuring
3000 Sq. Mtr in Sector 11, plot No. 11/7, Dwarka, New Delhi. On 12.05.2005 the trust made another
request for allotment of land and DDA granted a land admeasuring 1000 Sq. Mtrs adjoining the earlier
allotted land and it was handed over on 07.09.2005
5. The three accused persons got the plots and immovable assets constructed by the trust in the name
of newly registered society vide perpetual lease deed dated 20.07.2012. It was done so by the
repondent fraudulently creating a memorandum by which the trust was converted into a registered
society without the consent of the 3/4th trustees.
6. The respondent changed the board of governors without the consent of the trustees and
misappropriated the trust funds to create more institutes in Indore, Bareilly and Hyderabad.
7. The Hon’ble High Court on 30.10.2013 allowed a refund of Rs. 7.67 Crores in writ petition no.
(3099/2010). The respondents with others siphoned off these funds by opening a forged account
without the knowledge of trustees in Axis Bank Lajpat Nagar Branch.
8. The respondent misused a blank check of 2011 for small payments after 2 years for it being signed by
the complainant putting the date as 12.09.2014 of a sum of Rs 1, 61, 25,303. The bank account was
soon closed after forging the complainant’s signature
9. DDA granted the building plans on 27.06.2007 and the trust applied to get additional Floor Area Ratio.
The construction was carried out during 2005-2010 under the complainant’s supervision and 25 crores
were borne by the trust. The complainant provided signed checks to the office of the trust which were
delivered to him in the hospital along with other papers concerning the Trust due to the complainant
being seriously ill.
10. The respondent approached the complainant in 2011 to form a new society for the weaker section of
society to which the complainant agreed. The respondent with T.N. Kapoor and Priscilla Mohan who
have nothing to do with the trust illegally represented themselves as the trust and used the last page
 of subscription to illegally convert the trust into a society by the name of Lal Bahadur Shastri
Educational Society thereby cheating the Registrar of Society seeking registration.
11. According to para 9 ,the 3 residential plots in Dwarka, Delhi worth Rs 35 Crores were also criminally
misappropriated using the funds of the trust for constructing hostel
12. The complainant found out in 2015 that a Society called Lal Bahadur Shastri has been set up and the
trust had been taken out of his control by forging documents.
13. The complainant demanded all the details of the activities carried out by the trust via letters dated
14.10.2015, 04.11.2015 and 05.04.2016 from the respondents but he never got a reply for the same.
The complainant initiated actions against the respondent in 2016.
14. The involvement of the accused is clear from the following facts which were discovered by the
complainant later.
1. The Hon’ble High Court on 30.10.2013 allowed a refund of 7.67 crores to the trust. If the trust had
been converted into society or dissolved as allegedly claimed by the accused the court would have
been informed immediately about the same.
2. In 2014 the respondent before the Supreme Court in SLP No. 31548 of 2014 have sworn in an
affidavit as late as October 2014 that the management Institute is owned by the trust .
3. No meeting had taken place between the complainant and the respondent to convert the trust
into society
4. The respondent in 2011 surrendered 80 G certificate in name of the trust and misappropriated it
to fund his society
5. As per the rules the respondent was supposed to transfer 10% of the funds collected from the
institute to the trust which he did till 2014 however in 2015 he started misappropriating the funds
to transfer it to the society
6. All the approvals from All India Council of Technical Education (AICTE) have been in the name of
the trust As per RTI the last approval given in the year 2017 was also in the name of the Trust.
15. On 25.11.2016 Mrs. Manju Shaatri and Mr. Mudit Shastri filed a written statement claiming that the
trustees had orally agreed to convert the Trust into society. Sachin Jain , Vinita BALI, Jimmy R
Arnlesaria, Lalit Thusu are involved with the respondent to fraudulently convert the Trust into the
society
16. Clause 29, 31 and 34 of the Trust Deed were ignored which stated that the majorities of 3/4 th was
needed to transfer/disposal or mortgage of the deed.
17. The conservative values of misappropriated funds are close to Rs 100 crores and immovable assets
are close to 600 crores.
18. The respondent has threatened the Complainant on being approached by the complainant.
19. The respondent has hatched criminal conspiracy and commited the offences of cheating, criminal
breach of trust, and intended to cause loss to the trust worth Rs 700 Crores.
20. The complainant is uncertain about the magnitude of the fraud committed by the respondent and
other accused. The estimates by him are conservative.
21. During this the respondent has filed CRL MC no 1885/2-18 before High court against judgment dated
28/03/2018 of the Patiala House Court for registration of the FIR and calling for compliance report for
15.10.2018 . In this regard the High Court passed a direction vide its order dated 13/4/18 that “Till the
next date of hearing, no coercive action be taken against the petitioner, subject to the petitioner
joining the investigation in the proceedings in FIR No. 46/18, PS Tilak Marg, and subject to the
condition of the petitioner not leaving the country”