Approval of charity commissioner for criminal proceeding against trustees of charitable trust

Querist : Anonymous (Querist) 05 September 2011 This query is : Resolved
Crime branch filed complaint U/s. 406, 465 & 471 of I.P.C. against trustees of trust on basis of application by third party for personal use of trust fund and donation received. No prior approval of charity commissioner obtained by police department.

Whether suit get dismissed on basis of non approval of charity commissioner as per Sec 83 of Bombay Public Trust Act?

Whether police department take action on basis of application?

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Raj Kumar Makkad (Expert) 05 September 2011
FIR cannot cancelled on this ground only but police is required to obtain mandatory permission in this regard prior to moving ahead.

prabhakar singh (Expert) 05 September 2011
Expert : raj kumar makkad rightly opines.

A. A. JOSE (Expert) 05 September 2011
Yes, permission of the Charity Commissioner is a condition precedent please.

girish shringi (Expert) 05 September 2011
However,we have to see the amendment in the same.
Because in Gujarat the State govt. has proposed such amendment and many NGOs have objected to it,but it seems to be passed by the legislature due to majority of the ruling party.

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