Vishnu Deo Singh vs The State Of Madhya Pradesh
2023 Latest Caselaw 2727 MP

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                                      IN    THE      HIGH COURT OF MADHYA PRADESH
                                                          AT JABALPUR
                                                               BEFORE
                                                 HON'BLE SHRI JUSTICE RAVI MALIMATH,
                                                            CHIEF JUSTICE
                                                                  &
                                                 HON'BLE SHRI JUSTICE VISHAL MISHRA
                                                      ON THE 14 th OF FEBRUARY, 2023
                                                        WRIT APPEAL No. 1547 of 2022

                                     BETWEEN:-
                                     VISHNU DEO SINGH S/O SHRI RAJ NARAYAN SINGH,
                                     AGED ABOUT 45 YEARS, OCCUPATION: SAMITI
                                     PRAVBANDHAK VILLAGE KHAMH, P.O. SALEHA,
                                     TEHSIL GOPADBANAS DISTRICT- SIDHI, M.P. (MADHYA
                                     PRADESH)

                                                                                              .....APPELLANT
                                     (BY SHRI ANIL LALA - ADVOCATE)

                                     AND
                                     1.    THE STATE OF MADHYA PRADESH THROUGH
                                           THE PRINCIPAL SECRETARY COOPERATIVE
                                           DEPARTMENT      MANTRALAYA    VALLABH
                                           BHAWAN, BHOPAL (MADHYA PRADESH)

                                     2.    THE  REGISTRAR CO OPERATIVE SOCIETIES
                                           BHOPAL DISTRICT BHOPAL (MADHYA PRADESH)

                                     3.    THE    REGISTRAR CO OPERATIVE SOCIETIES
                                           SIDHI DISTRICT SIDHI (MADHYA PRADESH)

                                     4.    THE    COLLECTOR S I D H I DISTRICT     SIDHI
                                           (MADHYA PRADESH)

                                     5.    THE THANA IN CHARGE P.S. RAMPUR NAIKIN
                                           DISTRICT SIDHI (MADHYA PRADESH)

                                                                                           .....RESPONDENTS
Signature Not Verified
  SAN
                                     (BY SMT. JANHAVI PANDIT - DEPUTY ADVOCATE GENERAL)
Digitally signed by SANTOSH MASSEY
Date: 2023.02.15 17:48:19 IST              This appeal coming on for admission this day, Hon'ble Shri Justice
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                                     Ravi Malimath, Chief Justice passed the following:
                                                                         ORDER

Aggrieved by the order dated 12.5.2022 passed by the learned Single Judge in dismissing the Writ Petition No.19390 of 2020, the petitioner is in appeal.

The writ petition was filed seeking to set aside the impugned order passed by the Deputy Commissioner Cooperative, Sidhi directing registration of FIR against the petitioner for causing financial loss by forgery to the tune of Rs.46,30,126 and Rs.10,41,944/-. The further prayer was to quash the FIR. The learned Single Judge by relying on the judgment of the Hon'ble Supreme Court in the case of Skoda Auto Volkswagen India Private Limited Vs. State of Uttar

Pradesh (2020 SCC Online SC 958) has dismissed the petition.

On considering the reasons, we do not find any ground to interfere in the matter. That the finding recorded by the learned Single Judge is that when there is no bar in the agreement to proceed under the provisions of General Criminal Law, the authorities were justified in simultaneously invoking the jurisdiction. We are of the view that the reasoning assigned by the learned Single Judge is just and appropriate and does not call for interference. The appeal being devoid of merit, is dismissed.

Pending interlocutory applications are disposed off.

                                           (RAVI MALIMATH)                                         (VISHAL MISHRA)
                                             CHIEF JUSTICE                                              JUDGE
                                     SKM


Signature Not Verified
  SAN




Digitally signed by SANTOSH MASSEY
Date: 2023.02.15 17:48:19 IST