Case Note & Summary
The applicant, Kishor Pandurang Garad, filed an application under Section 482 of the Code of Criminal Procedure, 1973 (CrPC) seeking quashing of the first information report (FIR) in Crime No.86/2011 registered at City Police Station, Khamgaon, against 35 persons, including the applicant as accused no.16. The FIR alleged offences under Sections 406, 409, 420, 467, 468, 471, and 120-B of the Indian Penal Code, 1860 (IPC) in connection with the affairs of Shri Gajanan Urban Credit Cooperative Society Limited, Khamgaon. The applicant was arraigned as a Director of the society. The applicant contended that he had never applied for membership of the society and, therefore, could not have been a Director. Upon learning of his implication, he filed an application under the Right to Information Act, 2005 (RTI Act) seeking details of the society. The Manager of the society, by a letter dated 2 July 2011, provided information that: (a) the society had 5896 members but the applicant's name was not in the membership list; (b) a person named Kishor Pandurang Garad was shown as a Director inducted by a resolution dated 7 July 2006, but no application or consent letter from him was available; (c) the applicant had no savings account, fixed deposit, or loan account with the society. The court observed that the RTI reply clearly established that the applicant had no connection with the society. The court held that continuing the prosecution against the applicant would be an abuse of the process of law. Accordingly, the court allowed the application, quashed the FIR and all consequential proceedings against the applicant, and made the rule absolute.
Headnote
A) Criminal Procedure Code - Quashing of FIR - Section 482 CrPC - Abuse of Process - Applicant was arraigned as accused no.16 in Crime No.86/2011 for offences under Sections 406, 409, 420, 467, 468, 471, 120-B IPC based on his alleged role as Director of Shri Gajanan Urban Credit Cooperative Society Limited. The applicant contended that he was never a member of the society and had not applied for or consented to directorship. The Manager of the society, in response to an RTI application, confirmed that the applicant's name was not in the membership list, no application or consent letter was available, and he had no savings account, fixed deposit, or loan account with the society. The court held that continuing the prosecution against the applicant would be an abuse of the process of law and quashed the FIR and all proceedings against him. (Paras 3-7) B) Criminal Procedure Code - Inherent Powers - Section 482 CrPC - No Prima Facie Case - The court found that the material on record, including the RTI reply, clearly showed that the applicant had no connection with the society. There was no prima facie case against him, and the allegations in the FIR did not disclose any offence committed by him. The court emphasized that the inherent powers under Section 482 CrPC can be exercised to prevent abuse of process and secure the ends of justice. (Paras 4-7)
Issue of Consideration
Whether the FIR and criminal proceedings against the applicant, who was not a member of the society and had not consented to be a director, should be quashed under Section 482 of CrPC?
Final Decision
The application is allowed. The FIR in Crime No.86/2011 registered at City Police Station, Khamgaon, and all consequential proceedings against the applicant are quashed. Rule is made absolute.
Law Points
- Quashing of FIR under Section 482 CrPC
- Abuse of process of law
- No prima facie case
- Lack of consent or membership
- Cooperative society fraud
