IN THE HIGH COURT OF JHARKHAND AT RANCHI

Cr. M.P. No. 2187 of 2019

Anant Kumar Ravidas…..….......

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. P.D.Agarwal, Spl. P.P.

……

5/17.01.2020

Heard the parties.

In this application, the petitioner prays for quashing the entire

criminal proceedings in connection with Mahespur P.S. Case No. 78 of

2019, registered for the offence under Sections 420, 463, 467, 468, 406,

471, 403, 409 & 353 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 find that there is allegation that huge amount from the Cooperative

Society has been defalcated and the books of account have also not been

produced by the petitioner.

The defalcation definitely makes out an offence, that too

defalcation of public money. These offence needs to be investigated. So far

as the claim of the petitioner that in view of Section 45(B) of Jharkhand

Cooperative Society Act, no FIR can be lodged is concerned, this Court is

not accepting the said argument. Said Section 45(B) of Jharkhand

Cooperative Society Act, operates absolutely on a different field. As per

Section 45(B) of the said Act, if a person fails to produce the documents

and record, he will be proceeded against, but when the case is of

defalcation with non-production of documents alone Section 45 (B) of the

said Act, cannot be attracted. The provisions of Indian Penal Code will

definitely come to play, when it is alleged that any accused has defalcated

the public money of the Cooperative Society. Then in that situation

alongwith Section 45(B) of Jharkhand Cooperative Society Act, he can also

be proceeded under the provision of IPC.

In this case, since there is an allegation of defalcation of money, I

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am not inclined to entertain this application, whereby quashing of the

entire FIR has been sought for as it is settled principle of law that when a

cognizable offence is made out, which needs investigation, FIR cannot be

quashed. Thus, this application stands dismissed.

(Ananda Sen, J)

Mukund/-cp.3