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DINESH KUMAR SINGH
Awadhesh Pratap Singh – Appellant
Versus
State Of U. P. – Respondent
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 p
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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