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VIVEK KUMAR BIRLA, VINOD DIWAKAR
Ajay Rai – Appellant
Versus
State Of U. P. – Respondent
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 d
The mandatory nature of F.I.R. registration and the applicability of general legal principles in the absence of specific statutory procedures.
The accused has no right to a hearing before the registration of an FIR, and anyone can initiate criminal proceedings unless explicitly barred by law.
FIR quashed when based on biased enquiry report set aside, especially after exoneration in fresh statutory enquiry.
The 1960 Act does not preclude any person, including a shareholder, from setting the criminal law in motion based on an inspection report of a co-operative bank, and the duty of the police to investi....
Criminal proceedings under the A.P. Co-operative Societies Act require prior sanction from the Registrar; failure to obtain such sanction invalidates the prosecution.
Prior sanction from the Registrar is mandatory for prosecution under the A.P. Co-operative Societies Act, and failure to obtain it invalidates the proceedings.
The court clarified that serious allegations of misappropriation against cooperative society officials justified not quashing the FIR, reinforcing the need for investigations in light of potential cr....
The main legal point established is the mandatory registration of FIR if the information discloses a cognizable offence and the need for a preliminary inquiry in certain cases. The court emphasized t....
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