Indian Penal Code, 1860
Section 409—Embezzlement of society funds and illegal recovery of loan amount from farmers—Petition to quash FIR—No provisions of the Co-operative Societies Act have prima facie been violated for registration of the impugned FIR—Registration of the FIR follows a conclusive determination of embezzlement by a three member committee—No substantive reasons have been proffered by petitioner to dispute the finding of this committee, which serves as the basis for the impugned FIR—Delegation of power to register the FIR holds no consequential weight—As the investigation is its initial stages, the extraordinary power vested in the court under Article 226 of the Constitution of India to quash the FIR is deemed unwarranted given the current facts-circumstances—Petition dismissed. [Uttar Pradesh Co-operative Societies Act, 1965, Section 65, 66, 68, 103, 105 & 106]
[Paras 19 to 22]
Decision : Petition dismissed