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HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU
MR. JUSTICE JAVED IQBAL WANI, J
Bharat Bhushan – Appellant
Versus
Anti Corruption Bureau Jammu – Respondent
JUDGMENT :
1. The issues involved in the instant petition are akin and analogous to each others, as such, are being disposed of hereunder at this stage with the consent of the appearing counsel for the parties.
CRM(M) No. 317/2024
2. In the instant petition, the petitioner herein has invoked the inherent power of this Court saved under section 482 Cr.P.C. for quashing of the summons issued by the respondents under Section 91 of the Code of Criminal Procedure (for short the Code) vide communication No.SSP/MSA/Misc.16/2023/ACB/1712 dated 02.04.2024.
3. The facts in brief pertaining to the case in hand as stated in the petition are that the respondents upon initiation of a preliminary verification bearing No. Misc-16/2023 ACB Jammu issued a communication bearing No. SSP/MSA/Misc.16/2023/ACB/8961-62 dated 20.12.2023 requesting the Chair of the Managing Director, "J&K Cooperative Housing Cooperation Ltd, Jammu" (For short "the Corporation‘) which the petitioner herein is holding, to provide various record/information pertaining to the "Ladies Cooperative House Building Society Limited, Samba" (for short "the Society‘), whereupon the petitioner, in consequence whereof claims to have written
The power under Section 91 of the Code of Criminal Procedure can only be invoked during an inquiry, investigation, or trial, not during preliminary verification.
The Registrar has the discretion to order an inquiry into the affairs of a society based on a complaint by a non-member, as per the provisions of the Maharashtra Cooperative Societies Act 1960.
Duty of the officers and chief executive of a society and the nature of offences and penalties mentioned in [sub-section (4A)] shall be applicable to this sub-section also.
Right to challenge inspection findings arises only post-show cause notice under Section 68(2) of the Kerala Co-operative Societies Act, ensuring fairness in proceedings.
The impugned order granting 15 days to submit rectification of defects was not violative of Section 82, and an opportunity of rectification under Section 82 is not a condition precedent for ordering ....
Procedure for conduct of inquiry and inspection - A person can be proceeded against and vested with liability only if an objective assessment of evidence and materials available on record leads to ir....
Petitioners must raise their contentions before the competent authority upon issuance of show cause notice under the Kerala Co-operative Societies Act, 1969, as they cannot contest the inquiry report....
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