The mandatory nature of F.I.R. registration and the applicability of general legal principles in the absence of specific statutory procedures.

JUDGMENT :

Vinod Diwakar, J.

1. Heard Shri Awadhesh Kumar Malviya, learned counsel for the petitioner, Shri Rajesh Kumar Madhesia, learned State Law Officer for the State-respondents, and perused the record.

2. By way of the instant petition, the petitioner has challenged the legality and correctness of the impugned F.I.R. registered as Case Crime No.0182 of 2023, under section 409 IPC at P.S. Dullahpur, District Ghazipur.

3. In brief, the prosecution case is that during an inspection by the Additional District Co-operative Officer at Sikhadi Samiti, the Officiating Secretary i.e. the petitioner was observed engaging in certain illegalities. Immediately, the matter was reported to the Chairman of the Samiti, leading to the petitioner’s suspension. Subsequently, vide order dated 23rd November 2022, by invoking section 66 of the Uttar Pradesh Co-operative Societies Act, 1965, a detailed inquiry was conducted by a three-member committee. The findings of the inquiry revealed that the petitioner had misappropriated a sum of Rs.16,17,833/-.

4. In support of the prayer, learned counsel for the petitioner has made the following submissions:

4.1 The petitioner has been falsely implicated by the department with ulterior motives.

4.2 Upon reading the F.I.R., no offence under section 409 IPC is made out at its face.

4.3 The registration of the F.I.R. is in contravention of the Government Order dated 16.8.2000, which stipulates that in such cases, the Regional Deputy Commissioner, Co-operative, Varanasi, is empowered to register the F.I.R. However, in this instance, the impugned F.I.R. was registered based on the complaint of the Additional District Co-operative Officer, Jakhniya, Ghazipur.

4.4 The petitioner asserts that, in accordance with Sections 103 and 105 of the Uttar Pradesh Co-operative Societies Act, 1965, requisite approval from the Registrar, Co-operative, was not obtained prior to the registration of the impugned F.I.R.

4.5 The petitioner emphasizes that Sections 16 and 17 of the Uttar Pradesh Co-operative Societies Act, 1965, providing for arbitration proceedings have not been invoked as a remedy.

4.6 No inquiry was conducted prior to the registration of the impugned F.I.R. as required under section 65(2) of the Uttar Pradesh Co-operative Societies Act, 1965.

5. Per contra, learned A.G.A. submits that during on-the-spot inspection by the Additional District Co-operative Officer at Sikhadi Samiti, illegalities were noted. The complainant, satisfied with prima-facie evidence of the petitioner's involvement in embezzlement and illegal recovery of loan amounts from the farmers, constituted a committee comprising three members. The committee's report, dated 17.10.2022, reveals findings on five points, indicating the petitioner's engagement in the illegal recovery and embezzlement of funds. The committee scrutinized the ledgers of 56 account holders, revealing significant irregularities in the pass-books, with substantial differences in the amounts disbursed and subsequently recovered. Serious allegations against the petitioner, evident from the F.I.R. and the inquiry report, establish the ingredients of a cognizable offense. The investigation is in their preliminary stages, and no intervention in writ jurisdiction is deemed necessary by this Court at this juncture.

6. For the sake of clarity, sections 65(2), 68, 105 and 106 of the Uttar Pradesh Co-operative Societies Act, 1965 are reproduced herein below:

“Section 65. (2) An inquiry of the nature referred to in sub-section (1) shall be held by the Registrar or by a person authorized by him in writing on this behalf on the application of- (a) a cooperative society to which the society concerned is affiliated; (b) not less than one-third of the total members of the society; (c) a majority of the members of the committee of management of the society.

Section 68. (1) If in the course of an audit, inquiry, inspection or the winding up of a cooperative society, it is found that any person who is or wa