DIWAN SINGH AND OTHERS Vs. STATE OF UTTARANCHAL AND ANOTHER
HIGH COURT OF UTTARAKHAND
Diwan Singh And Others
State of Uttaranchal and another
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Servesh Kumar Gupta, J. -
(1.) BY means of this petition moved under Section 482 Cr.P.C., the prayer has been made to quash the charge sheet no. 79 of 2005 dated 15.09.2005 giving rise to Criminal Case No. 2134 of 2005 titled as State of Uttaranchal Vs. Diwan Singh and others. In the said charge sheet, the Investigating Officer has named all the four applicants as accused to stand trial for the offence under Section 420, 467, 468, 471 IPC. The 1st Special Judicial Magistrate, Dehradun has passed order of cognizance thereupon.
(2.) HAVING heard upon learned counsel for the parties, it transpires that in the pivot of controversy there is a registered Society under the name and style of Industrial and Educational Institution, 18 Hanuman Chowk, Dehradun, which is indulged in imparting education in sundry streams ever since its inception in 1972 -73. From time to time, its registration was got renewed by its office bearers and at one point of time, all the applicants inter alia with certain others were the office bearers of this Society. An election was conducted to elect the new Management Committee on 02.08.2004 wherein all the applicants were allegedly elected as office bearers of the Society. On the contrary, respondent no. 2 Devendra Singh Rana organized another election wherein he was elected as President inter alia with other office bearers of the same. The dispute was heard and decided by the Prescribed Authority on dated 03.06.2005 whereby the election conducted on 02.08.2004 was declared to be struck down while the election held on dated 05.09.2004 was declared to be valid one. This order of the Prescribed Authority was challenged by way of filing writ petition no. 845 (MS) of 2005 in this Court and this Court dismissed that writ petition on 04.09.2007 on merits. The effect of dismissal of the writ petition was to sustain the order of Prescribed Authority. After being elected as President of the Society Devendra Singh Rana lodged an FIR on dated 15.07.2005 (Annexure No. 7 to the petition) against all the applicants narrating a number of irregularities regarding misappropriation of the properties and embezzlement of the funds committed by the office bearers of the Society prior to his election as President and these office bearers were no other than applicants, it was alleged that these accused persons committed several irregularities and these allegations were propped by the Investigating Officer. The charges were substantiated resulting into submission of charge sheet for the offence under Section 420, 467, 468, 471 IPC.
(3.) IT has been contended on behalf of applicants that irregularity, if any in the Society, can properly be looked after only by the Prescribed Authority and cannot be the subject matter of investigation and submission of the charge sheet by the police.;
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