Ganga Singh Thakur vs The State Of Madhya Pradesh
2021 Latest Caselaw 8215 MP

                                                          WP.25798/2021
                                                          WP.25801/2021
                                                                      1

              HIGH COURT OF MADHYA PRADESH
                    Writ Petition No. 25798/2021
             (Ganga Singh Thakur vs. State of MP & Ors.)
                    Writ Petition No. 25801/2021
               (Nirmal Rajoriya vs. State of MP & Ors.)



Gwalior, Dated: 01.12.2021
      Shri Hemant Singh Rana, Advocate for the petitioners.
      Shri D.D.Bansal Government Advocate for the respondents/State.

This order shall govern disposal of Writ Petition Nos.25798/2021 and 25801/2021.

Both these writ petitions have been filed by the petitioners separately taking exception to the communication (Annexure P/1) from the Office of Deputy Commissioner, Cooperative, Gwalior to SHO, Police Station Pichhor, District Gwalior for registration of an FIR in the context of the letter dated 17.11.2021 of the Deputy Commissioner and Deputy Registrar, Cooperative Societies, Gwalior. It appears that after an enquiry into financial irregularities of the cooperative society there was a special audit conducted and a report dated 12.10.2021 has been submitted, which reveals that there is a case of financial embezzlement of public fund to the tune of approx. Rs.3,50,00,000/-. In the aforesaid backdrop of facts, the impugned communication has been made for registration of the FIR.

Learned counsel for the petitioner submits that the Coordinate Bench of this Court in the case of Vinod Agrawal vs. District Cooperative Central Bank Maryadit, Gwalior & Ors. (Writ Petition No. 8793/2021, decided on 20.05.2021), has opined that an FIR should not be registered instantly. Instead, there should be an enquiry to find out as regards the nature of the offence allegedly committed and whether it is cognizable or non-cognizable, thereafter the offence may be registered relying upon the judgment of Hon'ble WP.25798/2021 WP.25801/2021

Apex Court in Lalita Kumari vs. Govt. of U.P. [(2014) 2 SCC 1]. Therefore, FIR cannot be registered on the basis of impugned letter.

Per Contra, Shri D.D.Bansal, learned Government Advocate for the respondents/State on advance notice, submits that the impugned letter (Annexure P/1) in fact is in the form of an intimation to the police along with copy of the special audit report. The report is critically evaluated based on sufficient material. The conclusion prima facie is that of embezzlement of huge of public funds at the hands of the persons involved in clandestine manner in misappropriation of funds. Petitioners are one of them, hence complicity of petitioners is even prima facie established. Therefore, no exception can be taken to the impugned communication.

Upon hearing learned counsel for the parties, this Court is of the considered view that law is well settled as regards scope of Section 154 of CrPC and nature of the power conferred upon the police personnel in the matter of registration of FIR. The communication (Annexure P/1) is along with the special audit report running into 525 pages. Though complete report is not placed on record, nevertheless the report by itself is a sufficient material (alleged embezzlement of Rs.3.5 Crores) for police to go through the same and in the event non-cognizable offence is found to have been committed, there is no impediment in registration of the FIR. Hence, interference at this stage under Article 226 of the Constitution of India is not warranted.

Both the writ petitions are hereby dismissed being devoid of any merits.

(ROHIT ARYA) JUDGE (Yog)

YOGESH VERMA 2021.12.07 VALSALA VASUDEVAN 2018.10.26 15:14:29 -07'00' 12:08:11 +05'30'