NDLI: Dhanraj N Asawani Vs. Amarjeet Singh Mohinder Singh Basi and Others

Content Provider	Supreme Court of India
e-ISSN	30484839
Language	English
Access Restriction	NDLI
Subject Keyword	Maharashtra Co-operative Societies Act 1960 – s.81(5B)
Content Type	Text
Resource Type	Law Judgement
Jurisdiction	India
Act(s) Referred	Code of Criminal Procedure, 1973 (2 of 1974) Maharashtra Co-operative Societies Act, 1960 (24 of 1961)
Case(s) Referred	Referred Case 0 Referred Case 1 Referred Case 2 Referred Case 3 Referred Case 4 Referred Case 5 Referred Case 6 Referred Case 7 Referred Case 8 Referred Case 9
Case Type	Appeal
Court	Supreme Court of India
Disposal Nature	Appeal Disposed Off
Headnote	Issue for consideration: Whether the provisions of s.81(5B) ofMaharashtra Co-operative Societies Act, 1960 can be construed aspreventing a share holder of the society such as the appellant, who wasalso an erstwhile director, from independently setting the criminal lawin motion.Maharashtra Co-operative Societies Act, 1960 – s.81(5B) – TheHigh Court was of the view that since the provisions of the 1960 Actare special, the provisions of s.81(5B) would preclude the registrationof an FIR at the behest of a person, such as the appellant, who is ashareholder of the co-operative society – Propriety of:Held: S.81 of the 1960 Act casts a public duty on the auditor andthe Registrar to audit co-operative societies – A statutory obligation iscast on the auditor and the Registrar because they are the fi rst personsto acquire knowledge about the fi nancial irregularities in a co-operativesociety – S.81(5B) of the Act casts a positive obligation on the auditoror the Registrar to fi le an FIR – S.81(5B) demands accountability andvigilance from the auditor and the Registrar in performance of their publicduty – It does not use any negative expression to prohibit persons otherthan the auditor or the Registrar from registering an FIR – Therefore,it would be contrary to basic principles of statutory construction toconclude that s.81(5B) debars persons other than the auditor or theRegistrar from fi ling an FIR. [Paras 20 and 24] Maharashtra Co-operative Societies Act, 1960 – s.81(5B) – FIRregistered by appellant-share holder against respondents for off encespunishable u/ss.420, 406, 409, 465, 467, 468 and 471 r/w. s.34 of IPC– FIR quashed by High Court relying on s.81(5B) of the 1960 Act –Propriety of:Held: The High Court held that s.81(5B) contains special provisions forthe submission of a special report and the obtaining of the permission of theRegistrar before the lodging of an FIR – It held that these provisions would berendered otiose if the general provisions in the Code of Criminal Procedure 1973were to apply – In the instant circumstances, the High Court has erred in quashingthe FIR which was lodged by the appellant – S.81(5B) cannot be interpreted tomean that any other person who comes to know about the fi nancial irregularityon the basis of the audit report is debarred from reporting the irregularity to thepolice – It is correct that the FIR adverted to the audit which was conducted inrespect of the aff airs of the co-operative society – However, once the criminallaw is set into motion, it is the duty of the police to investigate into the allegedoff ence – This process cannot be interdicted by relying upon the provisions ofsub-section (5B) of s. 81 which cast a duty on the Registrar/auditor to lodge afi rst information report – Impugned Judgment and order of the High Court setaside. [Paras 7, 26 and 29]
Judge	Hon'ble Dr. Justice D.Y. Chandrachud
Neutral Citation	2023 INSC 710
Petitioner	Dhanraj N Asawani
Respondent	Amarjeet Singh Mohinder Singh Basi And Others
SCR	[2023] 11 S.C.R. 297
Judgement Date	2023-07-25
Case Number	2093

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Dhanraj N Asawani Vs. Amarjeet Singh Mohinder Singh Basi and Others

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Dhanraj N Asawani Vs. Amarjeet Singh Mohinder Singh Basi and Others

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