R.R.PRASAD, J. - (1.) HEARD learned counsel appearing for the petitioner and learned counsel appearing for the opposite party No. 2.
(2.) THIS application has been filed for quashing of the entire criminal proceeding of Complaint case bearing C/1 case No. 9 of 2001 including the order dated 7.1.2006 whereby and whereunder cognizance of the offences under Sections 409, 418 and 197 of the Indian Penal Code has been taken against the petitioner. The complainant since died (his legal heir has been made as opposite party No. 2) lodged a complaint case alleging therein that accused was appointed as Election Officer for conducting election of the Managing Committee of Adityapur Udyami Grih Nirman Samity Limited and the petitioner conducted the election of the Managing Committee of the said Samity on 12.9.2000 but he allowed some of the candidates to fight election, though they were defaulters and as per the provision of the Bihar Cooperative Societies Act, member of the society if is defaulter, he would not be eligible to contest the election of the Managing Committee of the Society. In spite of that, this petitioner being Election Officer declared the nomination filed by the said defaulter members as valid by realizing the amount which were due to be paid from the defaulter to the extent of Rs. 6,91,401/ - but the petitioner did not deposit the amount to the newly elected committee of the Society and thereby it has been alleged that the petitioner has committed offences punishable under Sections 120B, 166, 171, 197, 341, 409 and 418 of the Indian Penal Code. On holding enquiry cognizance of the offences was taken under Sections 409, 418 and 197 of the Indian Penal Code which order is under challenge.
(3.) LEARNED counsel appearing for the petitioner submits that though allegation has been there in the complaint that the petitioner having realized a sum of Rs. 6,91,401/ - did not deposit it with the newly elected committee of the Society but those allegations have been made without there being any basis and that the petitioner did allow all the participants to contest the election as in the nomination form, they have declared that they are not defaulter and if they were not the defaulter, question of realizing the amount which was due to him does not arise and moreover, when the matter was raised before the Joint Registrar, Co -operative Society, he made an enquiry on the allegation and did find the petitioner to be innocent which would be evident from Annexure 6 and that document being impeachable in character can be looked into even at this stage, in view of the decision rendered in a case of All Cargo Movers (I) Pvt. Ltd. and others vs. Dhanesh Badarmal Jain and another [2008 (1) JLJR (SC) 51] and under this situation, the instant prosecution including the order taking cognizance is fit to be quashed.;