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IN THE HIGH COURT OF JUDICATURE AT ALLAHABAD
DINESH KUMAR SINGH, J.
Awadhesh Pratap Singh – Appellant
Versus
State Of U.P. – Respondent
Application U/S 482 No.4432, 4433, 4441 of 2021
Decided on : 24-08-2022
Abuse of Process - Housing Society Dispute - U.P. Cooperative Societies Act, 1965 - Sections 420, 467, 468, 471, 120B IPC
Fact of the Case:
The petitioners, office bearers of a housing society, were charged under Sections 420, 467, 468, 471, 120B IPC based on allegations related to the sale of flats and land ownership. The complainant, a retired police officer, alleged irregularities in the sale of flats and land by the society.
Finding of the Court:
The court found the allegations confusing and untenable, noting that the complainant's membership in the society implicated him in the alleged illegal activities. The court concluded that the charge-sheet and proceedings were an abuse of process and quashed the same.
Issues: Allegations of illegal sale of flats and land by the housing society, abuse of process by the complainant, and the validity of the charge-sheet and proceedings.
Ratio Decidendi: The court held that the allegations lacked substance and failed to establish the commission of offenses under the relevant sections. It emphasized that the proceedings were an abuse of process and unjustified.
Final Decision: The court allowed the petitions and quashed the charge-sheet, summoning order, and entire proceedings related to the allegations against the petitioners.
JUDGMENT :
1. Present petitions under Section 482 Cr.P.C. have been filed for quashing of the charge-sheet dated 24.09.2021 in FIR No.0085 of 2021 under Sections 420, 467, 468, 471, 120B IPC registered at Police Station Wazirganj, District Lucknow as well as summoning order/cognizance order dated 05.10.2021 passed by leaned Special Additional Chief Judicial Magistrate (CBI AP), Lucknow in Criminal Case No.NIL and entire proceedings of FIR No.0085 of 2021 under Sections 420, 467, 468, 471, 120B IPC, Police Station Wazirganj, District Lucknow.
2. The Bank of India Karamchari Sahkari Avas Samiti Ltd., Lucknow (hereinafter referred to as "Society") was constituted and registered on 24.05.1983. This Society constituted by serving employees of the Bank of India. The object of the Society is to provide affordable houses to the employees of the Bank of India. It is said that only employees of the Bank of India, who applied for membership of the Society, were enrolled as members on payment of membership fee. All members were issued Share Certificates. By laws of the Society do not permit "Nominal Membership".
3. The Society purchased land on 02.08.1985. In pursuance to the demand notice, the petitioners and other members paid their contribution. Society constructed 20 Flats over the land purchased by it on 02.08.1985. These Flats were allotted to its members on 01.04.1990. Each member paid cost of a Flat of Rs.1.41 Lakh.
4. It is further stated that membership of the Society was restricted to employees of the Bank of India. The petitioners started living in their respective Flats after their allotment since 1990. However, sale deeds of the Flats allotted to the petitioners were executed by then Secretary of the Society on 04.05.2007.
5. One of the 20 Flats, Flat No.D-1 (initially 2/1) was allotted by the Society to one of its founder member, Mr.Sudarsh Awasthi. Mr.Kailash Nath Singh (Retd. Deputy Superintendent of Police), opposite party No.3 in petition No.4432 of 2021 started residing in the said flat as a licensee. The complainant and his family members have been occupying the said Flat for about two decades. Mr.Sudarsh Awasthi had given Flat on rent in the name of Mrs. Maya Singh w/o Mr. Kailash Nath Singh which is evident from the affidavit given by Mr. Sudarsh Awasthi for electricity connection in the name of Ms. Maya Singh.
6. The complainant, Mr.Kailash Nath Singh approached the petitioners, Mr.Awadhesh Pratap Singh (President), Mr.Anil Kumar Agarwal (Vice President) and Mr. Ajai Kumar Gupta (then Secretary), who were office bearers of the Society, and tried to pressurize them to register the Flat No.D-1 in his name. Since the Flat No.D-1 was allotted to Mr.Sudarsh Awasthi, a founder member, the Society refused to accede to the request of Mr.Kailash Nath Singh. Mr. Kailash Nath Singh was not even eligible to be the member of the Society as he was not an employee of the Bank of India.
7. Mr.Kailash Nath Singh, (opposite party No.3) approached U.P. Avas & Vikas Parishad, Lucknow with a request for direction to the Society to register Flat No.D-1 in his name. Avas Vikas Parishad did not grant any relief to him.
8. Mr.Kailash Nath Singh, thereafter, approached U.P. Real Estate Regulatory Authority (UP RERA). However, he could not get any relief from UP RERA. He failed to show proof of any payment and membership details before the UP RERA in the society.
9. The complainant, Kailash Nath Singh, then approached District Consumer Forum, Jaunpur, U.P. in November, 2020 and obtained an ex parte order dated 01.02.2021 within 3 months from its filing directing the Society to register Flat No.D-1 in his name within a period of one month else the registration of Flat would be done by the Forum through their own Agency. The District Consumer Forum also issued non bailable warrant against the Secretary of the Society on 31.05.2021 for non compliance of the order dated 01.02.2021. It is submitted that no cause of action even partly arose within the juri
AI
The judgment emphasizes the importance of preventing the abuse of legal processes and highlights the need for substantial evidence to support criminal allegations.
The absence of a registered conveyance deed precludes the Society from claiming any rights to the plot, and principles of res judicata apply to prevent re-litigation of the same issues.
The court emphasized that registration of a Cooperative Housing Society without following proper jurisdictional authority and principles of natural justice is void ab initio.
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