The Delhi High Court on Thursday restrained the Delhi Police from arresting trustees of NGO Hemkunt Foundation in connection with a case alleging misuse of donations collected by it during COVID-19 pandemic relief work..Justice Jasmeet Singh passed the order while hearing a plea by the Foundation seeking quashing of the Delhi Police Special Cell’s First Information Report (FIR) registered for cheating, criminal breach of trust and criminal conspiracy..Counsel appearing for Hemkunt Foundation argued that there is no complainant to say that the money has been misused, and that there has been no criminal breach of trust.He further said that for the offence of cheating to be established, there has to be a wrongful loss and wrongful gain, but in the present case, there is none..The Delhi Police stated that the FIR was registered on the basis of a complaint by an officer of the Directorate of Enforcement (ED). It claimed that after inquiry, it found that huge amounts of donations were taken for COVID-19 relief by the petitioner and diverted to another company.It was further argued that a person who donated to the Foundation had made a statement under Section 161 of the Code of Criminal Procedure..However, Justice Singh held that prima facie, there is no person who has come forward for the registration of the FIR, and that no one has stated that their entrusted funds have been misutilised.The Court, therefore, granted the trustees protection from arrest and listed the case for further consideration on January 17.
