IMPORTANT POINT
Strong suspicion is sufficient for taking cognizance, and the High Court should not stifle a legitimate prosecution.

JUDGMENT :

ANIL KUMAR CHOUDHARY, J.

1. Heard the parties.

2. This criminal miscellaneous petition has been filed invoking the jurisdiction of this Court under Section 482 Cr.P.C. with a prayer for quashing the order dated 31.01.2018 whereby and where under, cognizance has been taken for the offences punishable under Sections 406, 420, 467, 468 and 471 of Indian Penal Code and the offence punishable under Section 45 (B) of Cooperative Societies Act and also to quash the entire criminal proceeding in connection with Adityapur P.S. Case No. 151 of 2016 corresponding to G.R. Case No. 719 of 2016.

3. The allegation against the petitioner is that the petitioner being the illegal secretary of Shanti Nagar Grih Nirman Sahyog Samiti Limited, Adityapur, Seraikella-Kharsawan though entrusted with the documents/files, did not hand over the same to the Assistant Registrar of Cooperative Society, Seraikella circle in-spite of departmental order. It is also alleged against the petitioner that the petitioner continuously in an illegal manner was involved in transaction of land and has misappropriated the funds of the cooperative society. There is further allegation against the petitioner of intimidating the members of the society on the basis of the written report submitted by the Assistant Registrar Cooperative Societies, for which Adityapur P.S. Case No. 151 of 2016 was registered and after investigation of the case, police found sufficient material against the petitioner for having committed offences punishable under Section 406, 420, 467, 468 and 471 of Indian Penal Code and Section 45 (B) of Cooperative Societies Act, 1935 and submitted charge sheet.

4. In the charge sheet, it has been averred by the police that besides the allegation made in the FIR that because of the failure of the production of the document and files of the said Shanti Nagar Grih Nirman Sahyog Samiti Limited, Adityapur, Seraikella-Kharsawan, the District Cooperative Officer suspended the petitioner and appointed Sri. Birendra Ravidas as the Secretary and Special Officer but even after that, the petitioner has not handed over the charge of the Secretary of the said cooperative society. In the investigation, it has been found that the petitioner has misappropriated the money of the cooperative society.

5. After submission of the charge sheet, the learned Chief Judicial Magistrate, Seraikella found prima facie case against the petitioner for the offences punishable under Section 406, 420, 467, 468 and 471 of Indian Penal Code and the offence punishable under Section 45 (B) of Cooperative Societies Act and took cognizance of the said offences.

6. It is submitted by the learned counsel for the petitioner that the case of the prosecution is based on mere suspicion and the dispute between the parties is purely a dispute of civil nature. It is next submitted by the learned counsel for the petitioner that the ingredients of the offences for which the cognizance has been taken by the learned Chief Judicial Magistrate is not made out from the materials before the police and before the learned Chief Judicial Magistrate but still charge sheet has been submitted against the petitioner and cognizance has been taken by the learned Chief Judicial Magistrate. It is then submitted by the learned counsel for the petitioner that the allegation against the petitioner is false. Learned counsel for the petitioner submits that during the investigation, it has transpired that the petitioner has wrongly taken Rs. 10,000/- for NOC from Smt. Pushpa Rani in respect of plot no. 41, allotted in the name of her husband. It is further submitted by the learned counsel for the petitioner that the affairs of the society was managed by the managing committee including chairman, president, secretary and other officer bearers and even there has been mismanagement in the affairs of the society or negligence in the performance of duties, the managing committee was never dissolved rather the undersecretary is being