No probe into Lilavati Hospital row: SC

The Supreme Court on Monday dismissed a petition filed by one Vijay Kirtilal Mehta seeking police investigations into the alleged forging of documents by his estranged brother Kishore Kirtilal Mehta to open a 'false bank account' in the name of Lilavati Hospital in Mumbai.

A division bench had refused to interfere with the Bombay High Court judgement that rejected Vijay's criminal petition seeking police investigations under the Criminal Procedure Code.

The High Court held that the magistrate had the discretion either to order an investigation or take cognisance of the offence. The sessions court for Greater Bombay had also rejected his application on the grounds that the case did not need exercise of power by the police for the seizure of record.

Vijay in its appeal against the High Court order alleged that Kishore, the trustee of the Lilavati Kirtilal Mehta Medical Trust, and his nephew Prashant had forged documents to open a bank account in the name of the charitable Lilavati Hospital.

Earlier, the apex court on February 2 had issued notice to Vijay on a petition filed by Kishore alleging that the former had forged documents to take control of the Lilavati Hospital in Mumbai.

Kishore had alleged that Vijay claimed to be a permanent trustee of the trust by fabricating the trust documents (minute book, resolution and three letters) to "oust him (Kishore) and usurp and hijack the hospital with a motive to siphon off the hospital funds."

The High Court had in August 2006 directed the chief examiner of documents, Maharashtra, to verify the authenticity of all the disputed documents concerning Lilavati Hospital.

On a petition filed by Kishore seeking verification of the documents, the High Court had asked the Chief State Examiner of Documents to scrutinise the disputed documents mentioned in the FIR.

Kishore had also lodged a complaint with the economic offences wing and the Girgaum court, Mumbai, against the hospital and 20 others for cheating and forgery.

The court had directed the police to register an FIR and investigate. On July 24, the Mumbai police had asked Vijay Mehta to produce all the relevant papers to establish his control on the hospital. Vijay had then approached the Bombay High Court in July to quash the complaint.