IN THE HIGH COURT OF JHARKHAND AT RANCHI

Cr. M.P. No. 2173 of 2019

Shyamal Kant Saha…..….......

Petitioner(s)

Versus

State of Jharkhand …………

Opp. Party(s)

……

Coram: Hon’ble Mr. Justice Ananda Sen

……

For the Petitioner

: Mr. Ranjan Kr. Singh, Advocate

For the State

: Mr. Hardeo Pd. Singh, A.P.P.

……

5/17.01.2020

Heard the parties.

In this application, the petitioner prays for quashing the entire

criminal proceedings in connection with Pakur (T) P.S. Case No. 132 of

2019, registered for the offence under Sections 467, 468, 406, 420 & 409

of the Indian Penal Code.

Learned counsel for the petitioner submits that the in view of the

special provision under Jharkhand Cooperative Society Act, 1935

especially, Section 45(B), no FIR could have been lodged. He submits that

the informant has presumed that there is defalcation as the books of

account and the Registers were not placed. He submits that there is an

allegation that the amount was not entered into the books of account but

the books of account were duly audited.

After hearing the counsel for the parties and on going through the

FIR, I