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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
J. C. DOSHI
Kaushikbhai Kesarbhai Patel – Appellant
Versus
Jesing Keshar Patel – Respondent
| Table of Content |
|---|
| 1. allegations of financial misappropriation (Para 4 , 5 , 6) |
| 2. claims of lack of culpability by petitioners (Para 7 , 8) |
| 3. culpability underscored by state and complainant (Para 9 , 10) |
| 4. examination of fir's sufficiency (Para 11 , 16) |
| 5. importance of cooperative principles in governance (Para 18 , 20) |
| 6. petitions dismissed to avoid stifling prosecution (Para 23 , 24) |
JUDGMENT :
J.C. DOSHI, J.
1. These batch of matters since emanates from the self-same First Information Report and, with the consent of learned advocates appearing for either side, they are heard and decided analogously. Accordingly, the present common order govern the disposal of the entire group of matters.
2. For the sake of convenience, Criminal Misc. Application No.1434 of 2020 is treated as the lead matter for the purpose of delineating the factual matrix.
APPEARANCE:-
3. Learned Advocate Mr. R.D. Kinariwala has appeared on behalf of the petitioner in Special Criminal Application No.1179 of 2020 as well as in Criminal Misc. Application No.1434 of 2020. Learned Advocate Mr. B.T. Rao has represented the petitioner in Criminal Misc. Application No.4205 of 2020. Learned Advocate Mr. H.K. Raval has appeare
The court clarified that serious allegations of misappropriation against cooperative society officials justified not quashing the FIR, reinforcing the need for investigations in light of potential cr....
The court maintained that an FIR must not be quashed at an initial stage unless no prima facie case is established, even if the allegations suggest civil nature.
Prior sanction from the Registrar is mandatory for prosecution under the A.P. Co-operative Societies Act, and failure to obtain it invalidates the proceedings.
Criminal proceedings under the A.P. Co-operative Societies Act require prior sanction from the Registrar; failure to obtain such sanction invalidates the prosecution.
Strong suspicion is sufficient for taking cognizance, and the High Court should not stifle a legitimate prosecution.
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