PANAJI
In a big setback for the Goa police, the High Court of Bombay at Goa has cancelled the FIR against Shrimat Shivananda Saraswati Swami of Kavale Math in a case related to the alleged fraudulent sale of property in Kavale-Ponda.
The case was filed based on a complaint by surgeon Dr P S Ramani and another person, who accused Shrimat Swami of creating false documents about the Math’s property rights. Shrimat Swami, Avadhut Shivram Kakodkar, and advocate Manohar Adpaikar were charged with impersonation, forgery, and fraud in the property sale.
During the hearing, the Ponda police argued against cancelling the FIR, saying that Shrimat Swami and his associate were not cooperating in the investigation, especially in providing the Power of Attorney for the sale. Police also pointed out that the sale deed, dated 13 April 2018, seemed to have been carried out without the required two-thirds majority resolution from the Math’s Board of Trustees.
According to the police, a consent agreement was made between the Kavale Math Board of Trustees and Shree Gurudatt Sansthan, which was approved by the High Court on 15 March 2007.
Under this agreement, Kavale Math properties cannot be sold unless a resolution is passed by a two-thirds majority of all Trustees. The police suspected that the sale deed in question violated this condition.
However, the petitioner’s lawyer, Adbhay Khandeparkar, denied the allegations, arguing that no crime was committed. “The sale deed was executed in 2018 under legal advice and was later cancelled when the mistake was realised. A suit was filed to cancel the sale deed, and the transaction was reversed. The buyer also recognised the error, leading to a consent decree to cancel the sale. The money was refunded to the concerned parties,” he said.
“Our argument is that no crime was committed because there was no intent. Moreover, the charges were filed under the Indian Penal Code, which has since been repealed,” Khandeparkar added.
After hearing the arguments, the High Court allowed the petition and cancelled the FIR against Shrimat Swami.
