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SUPREME COURT
*M. Y. Eqbal, Pinaki Chandra Ghose, JJ.
Agarwal R. N. v. R. C. Bansal and Others
| Table of Content |
|---|
| 1. conclusion to quash high court order and restore special judge's decision (Para 1 , 32) |
| 2. formation and illegal takeover of the society (Para 2 , 3 , 4 , 5 , 6) |
| 3. arguments challenging the high court's jurisdiction (Para 7 , 9 , 10 , 11 , 12) |
| 4. observations on jurisdiction and evidence handling in summoning (Para 8 , 13 , 16 , 17 , 18 , 30 , 31) |
| 5. legal clarity on criminal procedure for summoning accused (Para 14 , 15 , 19 , 20 , 21 , 28) |
1. Leave granted.
3. The brief facts of the case are that in the year 1983, a Society named Maharani Avanti Bai Co - operative Society was formed and from time to time members were enrolled by its Managing Committee. Upto the year 1989 there were 90 members of the Society and thereafter further enrolment of members was stopped. However, no land was allotted to the Society for many years and in the meantime its members became disinterested in the running of the Society as the cost of the flats to be constructed had gone very high and beyond their reach. The society thus became dormant.
5. On completion of the investigation, the CBI filed a charge - sheet in the Court of Special Judge against six persons, out of whom two were public
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